subpoena welfare documents

[sgtpepper9999]

What is the name of your state (only U.S. law)? NH

I have reason to believe that my soon to be ex wife may have been untruthful in filling out an application for welfare.....particularly EBT benefits. We separated in the fall and she obtained an EBT the prior spring. The amount was close to $700/month and I was making over $40,000/year salary. She had a part-time job of $12,000 or so.

I highly doubt we would have qualified. She has 2 kids from a previous marriage and our child.

Also, her and her lawyer have refused to provide me with her tax returns for 2010 & 2011. I have requested them close to 5 times. I will be filing a 'Motion to Compel'. I have a reason she may not have truthful on those returns as well.

In any event....I have heard it almost takes an act of god to be able to subpoena welfare documents. I am particularly interested on what she put down as household income. Clearly, she wasn't truthful.

Has anyone been successful in obtaining the documentation? I have already called their fraud department.

Any suggestions would be appreciated. Due to no funds I am forced to be Pro Se. Yes, I realize I am at a terrible disadvantage but I simply cant afford a lawyer.

Thank you.

 

[Ladyback1]

What is the name of your state (only U.S. law)? NH

I have reason to believe that my soon to be ex wife may have been untruthful in filling out an application for welfare.....particularly EBT benefits. We separated in the fall and she obtained an EBT the prior spring. The amount was close to $700/month and I was making over $40,000/year salary. She had a part-time job of $12,000 or so.

I highly doubt we would have qualified. She has 2 kids from a previous marriage and our child.

Also, her and her lawyer have refused to provide me with her tax returns for 2010 & 2011. I have requested them close to 5 times. I will be filing a 'Motion to Compel'. I have a reason she may not have truthful on those returns as well.

In any event....I have heard it almost takes an act of god to be able to subpoena welfare documents. I am particularly interested on what she put down as household income. Clearly, she wasn't truthful.

Has anyone been successful in obtaining the documentation? I have already called their fraud department.

Any suggestions would be appreciated. Due to no funds I am forced to be Pro Se. Yes, I realize I am at a terrible disadvantage but I simply cant afford a lawyer.

Thank you.

I do not think it's outside the realm of possibilities that you would have qualified for food stamps. Why don't you focus on finding what the income guidelines and eligibility guideline were/are.

And unless you can prove you knew nothing about her applying, receiving and using said benefits until after the fact, then you are guilty of fraud as well.

 

[sgtpepper9999]

Yes, I understand that. But I never saw her tax returns. I used to let her do the taxes. I have a suspicion she may have been untruthful on her taxes as well. Again, this is all speculation but may explain why they havent given me the info I am requesting during discovery.

In order for her to receive that much in benefits....she would have had to be a single mother.

 

[sandyclaus]

Yes, I understand that. But I never saw her tax returns. I used to let her do the taxes. I have a suspicion she may have been untruthful on her taxes as well. Again, this is all speculation but may explain why they havent given me the info I am requesting during discovery.

In order for her to receive that much in benefits....she would have had to be a single mother.

Not necessarily. "Single mother" is not a requirement, but being head of household would be. Now being separated, with her, the other 2 children from her previous marriage, and your own child, it's entirely possible she could have qualified.

Based on information I was able to find, NH allows for an income level equivalent to 185% of Federal poverty levels to qualify for SNAP benefits. That would mean your wife could earn roughly $44,000 in gross income for a household of 4 (her, her 2 children from the previous marriage, plus the child from your own marriage), and still potentially qualify for SNAP benefits.

 

[sgtpepper9999]

Yes, but remember she somehow received these benefits BEFORE we separated....while I was working.

Not necessarily. "Single mother" is not a requirement, but being head of household would be. Now being separated, with her, the other 2 children from her previous marriage, and your own child, it's entirely possible she could have qualified.

Based on information I was able to find, NH allows for an income level equivalent to 185% of Federal poverty levels to qualify for SNAP benefits. That would mean your wife could earn roughly $44,000 in gross income for a household of 4 (her, her 2 children from the previous marriage, plus the child from your own marriage), and still potentially qualify for SNAP benefits.

 

[CSO286]

Yes, but remember she somehow received these benefits BEFORE we separated....while I was working.

In order to have applied for benefits, you would have had to sign the application, unless she did so fraudulently.

If you truly believe that she did, you can contact the county welfare agency and ask to speak to the fraud investigator.

Of course, you also need to realize that if your name is listed on the paperwork reporting incorrect income and if you did sign it, then you could be as guilty of welfare fraud as she is.

 

[sandyclaus]

Yes, but remember she somehow received these benefits BEFORE we separated....while I was working.

Then adding one more person to the household, the income to qualify goes up to over $51,000 gross. Even if you were working, I'm think you would STILL qualify at that level, especially when you deduct the allowable amounts from that $51k figure.

It still surprises me what income levels actually make you eligible for SNAP benefits these days. And from what I've heard in the news, apparently in California, 3.5 million eligible people don't enroll for benefits, leaving some $5 billion in unclaimed SNAP benefits. Here is the news story:

http://abclocal.go.com/kabc/story?section=news/state&id=9001890

Note that SNAP gross income eligibility is based upon 130% of the federal poverty level in California, and 185% in New Hampshire.

 

[Proserpina]

I'm curious what OP's goal is...

 

[sandyclaus]

I'm curious what OP's goal is...

I'm not. I'm perfectly clear on what they are attempting to accomplish. They are likely trying to discredit Mom's ability to parent the kids and gain custody. Either that, or challenging the amount Mom would be getting for child support/spousal support.

Bottom like, they're trying to damage Mom's credibility so that they get the advantage in the divorce settlement. (Let the mudslinging begin!)

 

[single317dad]

I'm curious what OP's goal is...

Vengeance.

 

[ecmst12]

Whatever the goal is, it won't be accomplished in this manner.

 

[commentator]

Whatever the goal is, it won't be accomplished in this manner.

Absolutely. When a person signs up for EBT or any sort of needs based public assistance, they have to provide very detailed information about their income situation. The forms that are signed give the system complete access to verification of all private information such as deeds, tax returns, bank accounts and just pretty much anything they want to check up on.

If you think for one minute that your wife could come in and tell them you and she were separated without proving it, or if she told them you only made $25, 000 a year when you actually made $50,000, or tell them you have no savings when you do have these other accounts, that they would take her word for it without verification by them through the systems, well, you're barking up the wrong tree. They won't. Think about it.

Would anybody tell them the truth if they didn't check it very closely? I suspect your wife's application was truthful, you just don't really understand how EBT works and you're jumping to a general conclusion that she could lie about it and get away with it, and that she has and that you'll show she's a bad character because she did it.

If you call and report your wife for EBT fraud, they will take down the information you provide. A huge source of fraud reports is from ex spouses. Based on your report, they may pick her out and re-verify her eligibility information. But they will never ever call you back and say, "Gee, you were right, she was committing fraud, and here's a copy of her paperwork that shows she was committing fraud. Use it in your divorce case."

What you're trying to do here does nothing but make you look like a jerk.

 

[LdiJ]

He is clearly after vengeance/leverage...all that we have to do so see that is read his previous thread.