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Is it legal for my ex to claim food stamps and Medicaid on my son when my son lives with me?

I moved to Illinois in April to "rescue" my son. His dad kicked him out of his house about 4 times in that month because he was jealous that my son was always at my place. So I asked my ex to just let him move in with me and he agreed but said that he was still claiming food stamps on him. We both have joint custody of all 3 of my kids but his father has physical address for my son and me for my girls. He told me numerous times that if I did claim my son on my food stamps then he would make my son move back in with him. My son is 15 and has told his father and me that he wants to live with me. Now I need to count him on my food stamps but his father still keeps threatening me to make him move back in with him. I know that his father doesn't really want him to move with him because he has told me that several times. I don't want to make him go to jail so what do I do? Or is there even anything I can do?

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Asked by Tiredofbs162 at 5:34 PM on Oct. 27, 2013 in Teens (13-17)

Level 1 (3 Credits)
Answers (16)
  • Until you legally change it to you as the primary parent, he can get away with it. But I would think in doing so he's committing welfare fraud & may have to pay it back & face criminal charges.

    Answer by mrsmom110 at 5:37 PM on Oct. 27, 2013

  • Addressing the Medicaid first.... How can he "claim" him if your son is the one who would receive the care provided by Medicaid? That makes no sense.

    Second, are you saying your ex claims your son as a dependent in order to receive MORE food stamp assistance?

    I always thought someone had to provide a social security number somewhere to prevent that from happening. ??? (Am I wrong?)

    Answer by m-avi at 5:40 PM on Oct. 27, 2013

  • We both have his ssn and yes he is claiming my to get food stamps period. He would make too much without my son. My son is in wrestling and has a certain diet that is expensive so I have to pay for it all with cash. His father pays only $250 a month in child support because he has custody of my son. His father refuses to spend a penny more on anything for all 3 of the kids.

    Comment by Tiredofbs162 (original poster) at 5:44 PM on Oct. 27, 2013

  • Not sure on Medicaid and as long as the child is covered, I can't imagine it really matters which parent is claiming him for that unless dad is being a dick and not sharing the insurance info. As for food stamps, in my state it doesn't matter what the court documents say, it matters who actually has the child at least 51% of the time. If that's true where you live, and your ex has stated he has him when he doesn't then he's in big trouble.

    Answer by Nimue930 at 5:44 PM on Oct. 27, 2013

  • You can claim him too and then there will be an investigation and your ex might be charged with fraud. As for the threats, take him to court and get the CO changed so you have physical custody. The kid is old enough in most states to decide where he wants to live. Then your ex won't have a leg to stand on.

    Answer by kmath at 5:44 PM on Oct. 27, 2013

  • Time to go back to court!!!!!!!!!!!!!!!!!!!!!!!

    Answer by Crafty26 at 5:46 PM on Oct. 27, 2013

  • The only reason my ex is doing this is because he knows that I don't have any money to take him to court to get the order changed.

    Comment by Tiredofbs162 (original poster) at 5:48 PM on Oct. 27, 2013

  • Ok thanks guys for the responses.

    Comment by Tiredofbs162 (original poster) at 5:54 PM on Oct. 27, 2013

  • I agree with kmath and Crafty ^^^

    Answer by m-avi at 6:02 PM on Oct. 27, 2013

  • Call your local university law school or bar assoc. to get help w/ filing the necessary paperwork.

    Answer by mrsmom110 at 6:20 PM on Oct. 27, 2013

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