I put my dead ex husband's name on my new baby's birth certificate and am getting social security.....?
becuase of it, the money is mine and i can spend it on whatever i want right?
It says the child is the beneficiary and I am the trustee.
I don't think it matters but the child is not from the dead husband.
- Anonymous1 decade agoFavorite Answer
This is fraud and you are liable to get charged with a felony and arrested. The Social Security law specifically states it is a violation to knowingly misrepresent a father, mother, child, etc to obtain funds. If you get caught, you will be charged and fined up to $1,000 and imprisoned for no more than a year. A second violation will see you in prison for 5 years and fined $10,000. I will be contacting the SSA about this matter.
Sec. 1107. [42 U.S.C. 1307] (a) Whoever, with the intent to defraud any person, shall make or cause to be made any false representation concerning the requirements of this Act, of chapter 2, 21, or 23 of the Internal Revenue Code of 1954, or of any provision of subtitle F of such Code which corresponds (within the meaning of section 7852(b) of such Code) to a provision contained in subchapter E of chapter 9 of the Internal Revenue Code of 1939, or of any rules or regulations issued thereunder, knowing such representations to be false, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both.
(b) Whoever, with the intent to elicit information as to the social security account number, date of birth, employment, wages, or benefits of any individual (1) falsely represents to the Commissioner of Social Security or the Secretary that he is such individual, or the wife, husband, widow, widower, divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father, child, or parent of such individual, or the duly authorized agent of such individual, or of the wife, husband, widow, widower, divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father, child, or parent of such individual, or (2) falsely represents to any person that he is an employee or agent of the United States, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $10,000 for each recurrence of a violation or by imprisonment not exceeding 5 years or both.
- Artemis AgroteraLv 71 decade ago
It's actually fraud and you can go to prison. It doesn't matter if it takes five years or fifteen years. As long as you are collecting money under these conditions, you have made yourself vulnerable to criminal prosecution.
No. The money is not yours. The money is earmarked for the support of the child. If your child was actually legally entitled to the money, then you would be required to use it for the benefit and support of the child. Approximately twice per year you are required to sign a statement under penalty of perjury that describes how you are using the money. Since you already know that you are violating the law by collecting the money and since we both know that you lack the moral fortitude to do the correct thing, you should have the money directly deposited into your child's account and you should not touch a single penny of it. This way, if you get caught before your child reaches his/her majority you will be able to return the money and probably will be able to escape any prison time.
- 1 decade ago
You sound like trash. Sorry, but it's true.