I am getting a divorce and my wife is only reporting to DHS the child support that I pay and not the alimony, will this effect my divorce in any way?

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I am getting a divorce and my wife is only reporting to DHS the child support that I pay and not the alimony, will this effect my divorce in any way?

I am in the middle of a divorce and fighting for joint custody. Custody has not been established by the courts as of yet. I pay $700 in alimony and $495 in child support even though I literally have my daughter half the time. My wife reports the child support to DHS but not the alimony so she can receive more benefits from the state. I have refused to lie to DHS but I have not reported her either. Will her dishonesty with DHS effect my marriage in any way if discovered?

Asked on December 31, 2010 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that what you are asking is if her actions will have an effect on a ruling as to custody and support, correct?  When it comes to spousal support the courts will take in to account certain factors such as the length of the marriage, the financial abilities of the parties, etc.  Child support is generally determined by a worksheet that has various computations on it for both parties to fill out.  Custody is supposed to be determined in the "best interest of the child."  Personal feelings are not a factor in a Judge's consideration.  But her actions can be viewed as lying and fraud, not the most upstanding qualities, and possibly ones that will hurt her in the end.  I would speak with your attorney about using this situation as leverage to settle the matter.  You do not need to go through a long and expensive trial.  And the Courts generally favor joint custody in a marriage.  Good luck to you.


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