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When my son was 17 I was too ill to care for him, so his dad took over his care. He took over 1/2 my income which was my son's portion of my ss dis income. My X soon abandoned my son and took the money, which came to him till my son turned 18. My son was unaware of the money, and because of the illness did not make me aware of what had happened. 12 years have passed, but I want to regain this money to pay for a student loan for my son. My X never paid child support or helped with college. Having only a small portion of my income caused severe hardships for me. JoAnn
Thank you for using our site this evening. However, you did not actually ask a question. So, what is your question for a legal expert to answer? Thank you.
OK...Was it illegal for my X to take and keep my SS money when he was not caring for my son,(he had no right to it) and how can I recoup that money, for my son's education. In fact, I would like to sue him for the money and emotional damages caused to both my son and I during that time, for payment of one student loan already acrued by my son. The amount of SS money would be about $12,000 plus interest, and the loan is $20,000. JoAnn
Just a couple points of clarification. First, this happened 12 years ago, correct? Second, you didn't undertake any efforts to address the problem in the past, correct? Thank you.
Yes it happened 12 years ago. No I did not address it earlier. Please understand that I was very ill, with multiply symptoms.The worst being severe coagnitive impairment, which took 8 years with a specialist to be able to face this right now, and have the ability to spell. All this is documented. JoAnn
Please know that I sympathize with your situation and that my answer is merely a reflection of the law, not on my desire for you to reach the right result. With that in mind....
I regret to inform you that it appears that you have no viable recourse here. The law likes finality. For that reason, most any cause of action would involve some form of a statute of limitations. With more than a decade having past by, any limitations period would have long since run and any action you pursued would be quickly dismissed. While I understand why you didn't do something long ago, the fact that you didn't has doomed anything you might now try.
I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response.
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