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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My ex-husband and I have been divorced for 5 years. We were

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My ex-husband and I have been divorced for 5 years. We were married for 10. I have two children from a previous marraige aged 15 and 17. We lived together even after we divorced. Seven months ago, I moved into my boyfriends house, and voluntarily paid my ex $200.00 per month to help offset living expenses for my children. My children prefer to live with my ex. My ex illegally uses my name to recieve public assistance and recertifies on-line as if I still live there. He is an unemployed Auto Mechanic who peforms illegal car repairs in a residencial neighborhood. He is now threatening to take me to court to get additional child support from me, custody, and even back child support, even though he is not related to them at all. My children know they always have the opportunity to move in with me and my boyfriend who is easily able to provide for all of us. Do I need to take his threats seriously?

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I wish to answer the question but need to know the state?

Customer: replied 6 years ago.
I live in Florida

Yes you do need to take his statements seriously.

Regarding the benefits fraud both you and your exhusband could be found guilty of the fraud if raised by either of you. He would be guilty or the recertification and you would be an accomplice by allowing it to happen since they are in your name.

Normally a court will give preference to a biological parent over a nonbiological parent for custody matters but the court can deviate from the presumption if it feel the deviation is in the best interest of the children. In this case since there have been a very long history of the children living with your exhusband, the fact that they continue to live with him instead of you after you moved and their age would make it possible for your exhusband to seek custody. If he obtains custody it is possible the court would review the child support issue.

Customer: replied 6 years ago.
What if I didn"t know they are still recieving benefits beyond the time I moved out. We had to recertify every 6 months, and he has always been the one to do it, using my name? What if I apply for benefits myself and am "surprised" to find out it is still being recieved under my name?
When a person receives public assistance you must notify the caseworker of your move and the composition of your new home.
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