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threats and child fraud

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karinna30

Guest
delaware state, best i can describe. my husband and i have guardineship of husbands sisters 9 year old child. we took him in year and half ago due to her going to jail. she lost custody to her parents when child was 3, grandparents moved to florida and she went to jail (been in and out for 7 years) husband and i took custody or they were going to put him in foster care. when she went to jail this last time she had given us her bank card and pin # so we could take money from her account to help care for her son and to bring her money (all this money was money she collected from ssi). she did have phone contact with her son but was stopped due to her making son feel guilty and he inturn started to get angry, tried to kill himself (threw himself into traffic) started to pull his skin off is arms and hair out of his head, he was taken into physc hospital twice, mom has been charged 12 times this year for child neglect and has current protection from abuse orders on her, when she got out of jail she repetdly harrassed us while child witnessed, has broken the order. well inturn she has decided that if we dont let her see her son she will inturn sue us for monies used. unfirtunalty we did sighn a written aggrement (not noterized) that we will pay her back, it was only way we could figure her leaving us alone, she threats to kill us burn our home down and so forth so we were afraid, living only 4 blocks form her. well she went and filed a civil suit against us, she doesnt pay any child support or helps in any way, she filed this suit when she was in court for child endangerment, harrassment and brech of release, (harrassment to us again) later that day she field this civil suit. can we argue the fact this is to jusy get back at us, in a wat harrassment? we have letters from her telling us to us the money, we have a letter from the bank stating they will not do anything due to fact she gave consent for us to use, have court next week.
 


BL

Senior Member
First Off someone incarcerated over 30 days should not be receiving SSI .
Second what you and her did was fraud the Government/State.

So Let her bring you to court. Neither one of you have " clean Hands ".

No one will get squat except maybe having to pay back the State/government. If your lucky when you tell the Judge she was in jail over 30 days and had no right to the money, they will make her pay it instead of you.

The Judge will admonish you both and possibly notify the authorities .

Why isn't she back in jail if she breached her release ?

The Judge will have a good time with this one, both of you get ready for an A** chewing .
 
K

karinna30

Guest
we did got to the ssi office and yes she can still collect this money due to her disibilites, also when we went in to talk to ssi we told them she was in jail and also gave them the letters from her and the bank stating we were allowed to use this money for her son to care for him. she did not file this suit against us until 4 months later. we have proff from the bank with her statement that we were allowed to use monies in her account to care for her son, the statement clearly states this is not theft on our part that she provided us with her bank card and pin#. when we went back to the bank after she filed this suit they even wrote us a letter stating this money was not stolen but permitted by the account holder to use. we have recipts of the money we were taking to her every week from her account, paying her bills with. in the sighned agrement she stated the money was not stolen as well but used for her son in his care and docs, so forth. the police were called and it was explained to them and we also gave them the papper work from the bank and the letters from her.
 

BL

Senior Member
Is This SSI ( State Payment ) or SSDI ( Disability Payments from work history ) ? There's a difference .

I would show up in court with the proofs you you authorized by her to use the money . State that's exactly what you did for the care of her son .

Bring up all the facts that led you to be in care of the son .

I do not believe , even though you signed a paper to pay her back , the judge will order you to . Just explain why you did it , and the treats. Do you have a police report you filed that states the treats ? That would be admissible.
 
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karinna30

Guest
disibility (sorry about that) neber delt with any of this befor. but i cant see how it is work related unless its because she can work, im honestly not sure. she has not worked since she was 20 i beleave, she is now 36. her reason for not working is over weight, she claims she is severlt over weight, she is 5/6 about 220 lbs, she also has she is diabetic, bipolar. she is on meds. when the brech of release came about there were also charges of child endangerment and harrasment, the state filed the charges and if she plead guilty to the child endangerment they would drop everything else, so thats what they did. we did not know we could have had a say in this the prosecuter came out told us this is what he was doing and that that. monday we went to court again for her 12th domestic violence (it was criminal contempt) she got a year suspended jail time and 6 months probation. this last year it has been the 12 DM's and we beleave this is her reason for doing this civil suit, we honestly have proff, and we never recieved support from her or the father (not involved) when we took the child i had to leave my job for a while in order to care for him because he is bipolar, adhd, emotionaly disturbed and has fetal alchole syndrom, this was stated in a few letters reasons why she told us to use the money due to me leaving work. i am back to work it just took time to get him settled in and find the right ppl to care for him a certain times. we told her we will pay her back the money, we didnt want to fight about this but she refused and claims she doesn thave to pay support for her child due to her disiability.
 

BL

Senior Member
If you have custody ( legal care ) of this child why on earth are you not collecting State aid for it ?

The State will then take what ever action they can against the Father and/or mother .

Contact the "welfare " , State's assistance office", or what ever it's called in your State.
 
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karinna30

Guest
well i am back to work now and we do make decent money, my husband brings home $1200,00 a week and i bring home $500.00 a week. we are now getting help with his mental issues but realy dont want to take from welfar and or state funds that other ppl need more than us. we get help with his counsling, as far as the other stuff we have things set up so that we pay them weekly. we have been in and out of court the last year and a half and this child has been in the physc hospital twice due to all the court and harrassment brought on by mom, now husbands parents with home the childs mother lives is even now starting with there harassment, there is a court date also for that (third party harrassment) we have statements from 3 docs that child should not be involved with mother until she reaches certain goals, this has been going on her whole life, she has been in prison off and on since the child was 2 years old. went on im sorry, just nervouse we are waiting to get everything we can done so we can either move or do something to better the lives we have now.
 

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