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.
.I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed. .If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied..Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line..Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).