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Is this welfare fraud?

Modesto, CA |

My ex husband got out of the army in 2010, he was claiming he got 1600 a month in unemployment, AND getting 1300 a month in welfare (foodstamps and cash aid) he finally stopped getting unemployment, but still receives cash aid...I recently paid my back child support and he claimed to the courts that he has 16,000 dollars in his bank account. I thought if you had over 2k in your bank account you cant get welfare? Should I report him for fraud?

Attorney Answers 3


  1. Will repost under state law for better chance of responses

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  2. It could be. I apologize that we cannot give a better answer.

    However, to give you some framework about what such a crime involves: To prove one committed such fraud, the prosecution must prove that a person made a “willful, false representation, knowing concealment, or false identification to obtain, increase, reduce or defect any benefit under the state and federal programs.” Deflecting a benefit refers to having a legitimate benefit redirected to a recipient who is not otherwise entitled to receive such money.

    We would need to see the application your ex signed and which resulted in his receiving welfare benefits. That application may contain false statements that would support such a charge.

    As to whether the $16,000 was reported in his application, but still resulted in his receipt of benefits - that is a big question. We'd have to see his application first to really respond to your question.


  3. He may be under-reporting his assets which is a crime if he is accepting cash aid. You should encourage him to properly report--you should think a couple steps ahead before reporting your kids' father for a crime.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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