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    pauldesmond's Avatar
    pauldesmond Posts: 3, Reputation: 1
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    #1

    Jan 11, 2008, 04:29 PM
    Soc. Security benefits for child when changing custody
    My son's mother (ex-wife) has moved to another city, asking me to assume physical custody of our 15 yr. old. I did this after, having my attorney drew up the appropriate paperwork, ending my child supp. Obligation etc.. We now have joint custody, but it specifies me, as having the Physical Custody.

    When I asked the ex about the social security pymt. She rec'd for our son , continuing, but to me as his "representative Payee", she balked and said this is "her" money regardless of where he lives. She gets two sep. checks, one with her name (she is on full this.) and another with our son's name.

    Am I specifies to receiving this now? I do not rec.v any child supp. From her or other financial assistance at all.

    If anyone has knowledge of this topic, pleas help. I spoke to social security. They told me his ssi benefits should follow him (son). The ex said someone at soc. sec. told her she still keeps both payments.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 11, 2008, 04:40 PM
    The ex is lying. The money is for the child's care and upkeep, not for her personal use. Contact the social security office immediately and inform them of her fraud. The money paid to her when he was not living with her must be given to you. She is obligated to fill out monthly paperwork showing just where this money is spent. Wonder just how she is accomplishing this feat? Also for each month's report to the government that is false is considered one count of fraud on her part. If she kept the money, say 5 months and filed these fraudulent papers, that would be 5 counts of fraud. The government does not treat fraud lightly either. She is going to wind up in a world of huge problems followed by a stay at the hotel gray bar.

    The fact you have court papers showing that the child is now in your physical custody is enough "proof" for the ss people. Bring these papers with you when you go down to their office and speak with someone in person. Phone calls mean nothing as you must sign paperwork in person while at their offices.

    The fact she gets a disability check herself may disqualify her from further collecting her own check due to her fraud in the son's case. Boy, is she going to have her hands full.

    Ex is going to have a lot of tall explaining to do to them to keep herself out of jail for this fraud...

    Also, did your paperwork state she was supposed to pay any child support to you? If so take your paperwork down to the child support enforcement office and they can help you.

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