My ex-wife reported a false claim against me to the Social Security Administration claiming fraud for our son. What can I do?

Asked 8 months ago - Accokeek, MD

I have a 6 year old son who was receiving social security benefits due to his autism. During our divorce the court ordered that I pay his mother $520 directly towards his special needs. She mistook that as me giving her $520 in child support. We have joint physical/legal custody. His benefits were cut off in April. Today after a visit to the office I find out that his mother reported that he did not reside with me and that I was receiving benefits fraudulently. Fortunately I had documents with me to support the claim. I plan to file a FOIA to get the documents related to her report. My question is what measures does the government take to punish those who make these false reports and what can I do to redress her making a false report which could have had me prosecuted?

Attorney answers (3)

  1. Amanda Hope Meadows

    Contributor Level 12

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    Answered . I agree with the other commentators- its up to Social Security to determine if they want to pursue her for filing a false claim. However, I would inform the family law court of the actions since it was detrimental to the child. Your divorce/family law attorney should be able to help address this with you.

    This comment is provided for informational purposes only, and is not to be considered legal advice and/or the... more
  2. D K Kevin Dugan

    Contributor Level 16

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    Answered . As Mr. Lupisella points out, you were able to correct the record in time to prevent any damage. I would advise making sure you keep the local SS office up to date on the facts in the future to protect yourself. If there is something in your file, they should give it to you when you ask, but if they don't pursue the FOIA request.

    The information you obtain from this website is not legal advice. Please contact us at 954-916-2667 or... more
  3. Mikel Edward Lupisella

    Contributor Level 14

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    Answered . You mentioned that you were at the local field office. I would address the question about the government punishing false reports directly to the SSA office. Ask if there is anything they do when they determine someone made a false claim or if there is anything you can file with them about that. Obviously, they now know she made the false claim adn I would think it is now in their hands whether they want to deal with that or not.
    I am not certain that you would have any legal remedy against her because it does not sound like you suffered any damages. You were not prosecuted and it was a simple fix. If things had gone a different route, that could change things.
    You could speak to a civil attorney in your area to determine if you have a libel/slander suit, but each State has different elements to those type of lawsuits.
    If SSA is going to do something, I would leave it in their hands.

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