Section 8 Fraud in NYC

[jorv2000]

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

Now the crime is plain and clear the situation is a little complicated so bear with me. My wife recently kicked me out of the house. As i was packing up my clothes i ran across paperwork that showed that the apt we had was a section 8 apartment and neither i or my mother-inlaws husband was on it.

The reason i didn't know this is because my wife kept insisting that her parents move in with her and that only her and her mom will be on the lease as because she was afraid i would kick her out (go figure). i gave in cos i don't really care and i just wanted to be a family again.

Well now that i'm not there anymore (its only been 4 days but feels like an eternity) I really can't live without my kids by my side. I spent a year apart from them because of our marital problems and I'm not going to spend the rest of my life just spending the weekends with them. We've lived together since i believe April of 2008 in this apartment until January 15th.

My questions are these:
1.if I report her will she get arrested or just investigated and hit with a fine?
2. Am i going to be arrested because i was in the house even if i knew nothing about it? (I filed separate the previous year and am most likely going to file separate this year)
3. What is the likelyhood of her actually serving time for a prolonged period if she is convicted(ie more than 30 days, it says up to 10 years in the files ive been reading)

The next few are really more family court related but i might as well ask them here:
1. If she does get arrested, will that mean i automatically get full custody of the kids or only if she's convicted?
2. One of the kids is a stepchild but i love him as my own will i get to have him even if we never got a chance to complete an adoption.

I don't want to report her if I'm going to lose my stepson in the process, I love all my kids and to be really honest i dont want them to hate me for putting their mom in jail either if thats what comes of it. I'm very confused. Thanks for any input.

 

[FarmerJ]

Ive seen people who were on S8 who had hid income / household body county information from S8, get the subsidy ( contracted payment to LL ) cut to payback the program. I cannot say if your local S8 programs will attempt to charge her with a crime or not. If they do not charge her you can count on them reducing her subsidy wich is legal for them to do , it will be in the contract that she signed with them. As far as visiting children goes court ordered visitation first applies to any children you had with her, Step children are just that sad to say. BTW there is no reason if you had a child together that you could not seek 50/50 joint custody especially if your living in the same area as the mom , the child simply switches households a week at a time on a set day or what ever is negotiated and lives with each parent 50% of the time. Its not a big thing this way, if the child is in school the child can stay in the same school this way.

 

[downhome]

think your spinning your wheels my friend. The best thing you can do is make sure you have a place that you could have your children (a acceptable home)
I don't think she will be arrested I tried to get my ex on welfare fraud woman can be very manipulative and telling the right story can get you all kinds of support ( like you where a abuser and she had no other options but to do this) and they will not let you know how they handle the investigation or what they turn up. IMHO that is a futile effort. I know how you feel. Stay on her good side and do everything you can to earn your children's love and respect and I bet you will be able to see them more than every other weekend. but if you get on her bad side remember the courts are in her corner from the get go. It is much harder for you to get anything accomplished. well you may be able to win in court it is lots of time and money and often times futile. I learned first hand I went for the blood and got on her bad side I dont even get to see my kids every other weekend even though there is a court order for such. the family courts are a joke for the most part try to avoid them if you can or make sure you have it locked up when you take it there. as far as your stepson you have no legal rights to
him unless you adopted him.