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My husband and I have custody of our step son, he lives with us and visits his mom every other weekend, we received a letter from his school stating that he was being Directly certified for free lunch because he was claimed through the state to recieve food stamps, TANF, and Medicaid. Is it legal for his birth mom to claim him for all of that even though he doesn't live with her and she pays no child support?

She has had a drug problem, and came up missing for months last year. Her mother kept the child and would not give us any information so we went to a lawyer and was awarded custody.

Answer Question
 
Smiles20093

Asked by Smiles20093 at 8:51 AM on May. 24, 2013 in General Parenting

Level 4 (29 Credits)
Answers (17)
  • no
    butterflyblue19

    Answer by butterflyblue19 at 8:52 AM on May. 24, 2013

  • No, report her
    funlovinlady

    Answer by funlovinlady at 8:56 AM on May. 24, 2013

  • Ok. We go to court for our finall hearing soon.. Do I report her or wait and bust her with it in court?
    Smiles20093

    Comment by Smiles20093 (original poster) at 9:00 AM on May. 24, 2013

  • If you can afford to provide lunch for him, feed him at home & have medical Insurance for him then call the phone number on the paperwork you received & tell them the situation. I'd let the school know as well. Then bring it up in court too.
    ILovemyPaulie

    Answer by ILovemyPaulie at 9:08 AM on May. 24, 2013

  • Since she has him every other weekend, She may be able to have him on her food stamps case if he is not already on one with his father. But not Tanf.
    Contact the office she applied at and talk with someone there.
    virginiamama71

    Answer by virginiamama71 at 9:09 AM on May. 24, 2013

  • I would report her AND bust her in court. Bring that letter with you.
    LostSoul88

    Answer by LostSoul88 at 9:19 AM on May. 24, 2013

  • What are the chances the judge will send him back to live with her? My husband is in the military, has a stable job, the child is active in sports, church, and various other activities-I am a stay at home mom and take care of him and my other child( 4 year old-that belongs to my husband and myself) she loves with her mom, no job had one positive drug test through drug court, on the weekends that she gets him, he says she leaves him with her mom to go out.? And if she doesn't leave him she takes him to parties where there is drinking and such. But she is constantly lying to her lawyer saying we denied her opportunities for pictures, his K graduation( there was no graduation) she hardly ever has a working number, she calls through the week occasionally and talks to the child for literally a minute and then makes it out like he has to go? she also hired a pricatw investigator to follow us. Any advice?
    Smiles20093

    Comment by Smiles20093 (original poster) at 9:53 AM on May. 24, 2013

  • her chances do not sound good.
    virginiamama71

    Answer by virginiamama71 at 9:57 AM on May. 24, 2013

  • You need to tell the court what he tells you. That she takes him to these parties and also leaves him with her grandma
    LostSoul88

    Answer by LostSoul88 at 10:40 AM on May. 24, 2013

  • Her chances don't sound very good. As far as if she can use him to get food stamps - I honestly don't know. At first thought, it seems that since he doesn't live with her, she shouldn't. But if he's there on weekends, that might be enough for her to get some - not necessarily the same as if he lived with her, but some. I mean, it kind of makes sense - they'd want to make sure she can feed him when he's with her.

    I think, if I were you, I'd get in touch with the people that sent you the letter and explain the situation and tell them you'd like to know under what circumstances she can claim him for food stamps, etc. That way you don't look bad in court by trying to make her look bad for getting them (if it turns out she can get them), but you also bring it to their attention that she lied if she can't claim him.
    wendythewriter

    Answer by wendythewriter at 10:41 AM on May. 24, 2013

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