She had six months from when he filed until the court date but waited until 4:45 pm the day before the hearing to amend her return. In court she admitted she knew she claimed during dh's year because she said it wasn't fair he got to claim her. The judge yelled at her and ordered she pay dh attorney fees but didn't hold her in contempt.
2012 dh was awarded primary residence for sd to live here mainly because bm refused to participate in her life (judges words). She basically would have her during her week and do nothing with her or take her anywhere, meanwhile dh had her in preschool, allowed her to play and socialize with other children, emailed bm weekly updates on what sd was up to, etc.
At the hearing bm claimed poor because she was in college so she couldn't pay child support. The judge suspended cs until bm got a job. Bm graduated in 2013 and got a job so dh (after asking if bm wanted to help contribute without going to court and bm refused) filed for cs. When he did he got a notice from the state that he needed to prove sd lived with him as they had proof otherwise.
When he called the cs office to see what was going on they informed him that bm had been receiving Medicaid, food stamps, and welfare for sd since 2011 and had included in her paperwork that sd's dad was AWOL. After proving otherwise the people at the cs office claimed they submitted paperwork due to bm fraudulently receiving welfare for three years and that it was incredibly serious. We figured it was all cleared up.
Well the cs order has been in place since April and bm has paid sporadically (not sure how since the money comes straight from the employer) but she's about two months behind. School started last week for sd and a note comes home stating that due to her eligibility in a state funded program she gets free lunch. Dh was confused about what was going on so he called and they said that they have record showing sd is on Medicaid.
Dh contacted the Medicaid office who could confirm that sd was enrolled but couldn't confirm anything else since dh's name is not on any of the paperwork. Dh was directed to call the state attorneys office which he did and was told that in order for bm to have sd on Medicaid she would have had to file her on her taxes for 2013, which means she filed again when she shouldn't have. Dh is concerned because he has no idea if bm is taking sd to the doctor without his knowledge or filling prescriptions for sd (Bm's mom is a pharmacist who has in the past filled scripts without sd seeing a dr. They were called out because the insurance info was in dh's name and he received notice of the meds being filled). He's also concerned about being audited since this will now be twice in three years that this incident has happened.
Dh has a meeting scheduled with his attorney next week but I'm just curious what you all think should happen. We know she's in contempt for several things, as well as the fact that she's committed welfare and Medicaid fraud for three years, but dh is just concerned with making sure sd is safe. Is this grounds to ask that Bm's legal custody is removed (like she can't take her to the dr, etc without dh's permission)? Any advice is welcome