Can my sons mother cash a Check made out in MY Name on behalf of my Son?

I receive Social Security Benefits from a brain injury incurred overseas in the Army. My son also receives benefits on behalf of me from Social Security.

The Checks come in my name, but are for my son.

- My Sons Mother had told me that the checks had stopped coming for a period of 5 months ( we were seperating ) and I found out that she ahd started an account seperately in my sons name as well as her name.

- I hired an attorney to go after her accaounts and found out that she was forging MY name on the checks, depositing the monies into her new joint account with my 18month old son, and then immediately withdrawing the money to pay off her student loans.

( We retrieved all of her financial records and matched the dates the SSD checks were deposited and withdrawn and new checks that she wrote in the exact amount taken out of my sons account )

- What kind of charges can I file against my son's mother. We are now seperated, I recently signed paperwork ( 6 months AFTER this occurence ) to have the checks go straight to her because they count as Child Support now.

-My lawyer says that it is Felony Forgery, Theft by Deception, Social Security Fraud as well as Perjury. ( Katy told the Judge in a Child Support Hearing that during the time she never received or cashed my sons checks, but we have her on video depositing the checks and the bank records showing the checks in her account )

Update:

@Artemis- My lawyer is pursuing this issue on my request ProBono. Nothing is coming out of my pocket to have criminal charges pursued.

3 Answers

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  • George
    Lv 7
    7 years ago
    Favorite Answer

    Your Lawyer is correct...the checks were in your name...even if that money is meant for your son she has no legal right to forge your name and cash the checks... thats forgery and theft by deception.

    And since the SSD money is specifically designated for the care of your son she can not use it to pay off her student loans... thats Social Security Fraud.

    Listen to your lawyer and file the proper criminal complaints and have her arrested.

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  • 7 years ago

    Does your son live with his mother?

    If so, then she went about it in the wrong way but she isn't going to be facing any criminal charges. She could have simply made herself the representative payee for the child.

    It is interesting that the money counts as child support. It shouldn't. That money is supposed to go to the person who provides a roof over the child's head.

    I would be suspicious of your lawyer. Too many family law attorneys will escalate situations because it gives them more billable hours (more money). There is absolutely no way your ex is going to be criminally charged. (I have been an attorney for nearly ten years and have caught and exposed people doing things far, far worse than your ex did in family court and I have NEVER seen a single case get prosecuted. The criminal justice system does not get involved in family court issues. Which is a shame, because I tend to think there would be fewer family court issues if people would face prison time.)

    But there is absolutely no advantage to you to try to be an a$$ over this. Your ex screwed up. You can prove she lied to the court. This will make future judges less likely to believe her. But she is never going to face criminal charges. You would be wasting your time (and making yourself look vindictive) to try to pursue it. You are also wasting a tremendous amount of money in legal fees if you continue to have your attorney pursue it.

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  • 7 years ago

    Yes, this is very serious, she's looking at a whole host of felonies and none of them are the type you get a slap on the wrist

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