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If a person disability files for a dependent child who is not his to receive benefits, is this fraud subject to prosecution?

Carlsbad, NM |

My children's father has not had anything to do with them since they were babies. He never filled out the paternity affidavit in AZ, so he isn't even on their birth certificates. They are 16 and 17, and the only support he has ever provided is his SS disability benefits. He told me that he is about to raise his new girlfriend's unborn "rape baby" (his words) as his own. I take that to mean he's going to to fraudulently swear out a paternity affidavit, putting his name on this child's birth certificate. I fear that he will next file for SS dependent benefits for him, which will cause my daughters' payments to decrease dramatically. He's never gotten them presents for Xmas or B-days. SS is all he's ever contributed, and that's passively. If he carries out this fraud, do I have any recourse?

Attorney Answers 3


  1. Even if he's not the biological father, he could adopt the baby as his own.


  2. You may want to post this the family law section since state law may apply.

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law regarding your question. The information provided is for informational purposes only and is not legal advice.


  3. You have raised some very significant issues that I dont think can be answered in this forum. As a general rule, Social Security does have a fraud hotline that anyone can call. I cannot comment on whether that is appropriate in this matter.

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