Social Security fraud

**1mommy** · 08-11-2005, 11:26 PM

When my ex-husband and I Separated and then divorced 3 years ago he was claiming social security disability. Because our son was a minor (14 months at the time) I received a check for him as a dependent minor. I just received a letter form Social Security that it has been determined that my ex was working for all or part of the time he received disability and that I must repay the $4000.00 I received during that time within 30 days. Furthermore, if it is not repaid the amount is attached to MY SONS Social Security number, meaning that if I don't get it taken care of when my son becomes of age his wages would be garnished to repay this. Needless to say I do not have $4000.00 laying around. My ex, his father, is absent from the picture, he moved without notifying me and I do not have an address or phone number. I was working with Friend of the Court as he owes my thousands in back child support already. But they can't locate him. So I have somel questions.
1) What can I do, if anything, about this social security issue? Obviously my 4 year old son should not be held accountable for his fathers wrong doings. I will work on a payment because I won't allow my son to grow into adulthood with this over his head, but what can I do??? I had to pass up a job opportunity because I could not afford to move because I have to use the money I had saved to pay part of this off.
2) Is there any way to terminate his parental rights? He has not seen our son since Oct.3, 2004. His phone calls dwindled to one in the last 4 months, no calls, cards or anything for birthdays or Christmas. He has not paid child support, doctors bills, etc.. and is in arrears approximately $4700.00. We need to move on but every time I try something like this happens, which has nothing to do with us and our life, it is my ex screwing up his which affects ours. If I could just get to the point where my ex is not associated with us I can provide for my son and myself.
Any suggestions would be greatly appreciated.

**aaron** · 08-12-2005, 03:56 AM

Your primary recourse is against your ex-husband. I don't suggest you pass on job opportunities which would improve your situation, as you would presumably be better off (and in relatively short order more capable of taking care of the Social Security issue) by moving and taking the better job.

You cannot yet seek to terminate your ex's parental rights on the basis of abandonment. On the petition of a parent, that would normally require a two year period of abandonment. See MCL 712A.19b(3)(f).

**1mommy** · 08-12-2005, 09:29 AM

thank you for your quick response.
Unfortunately, I am unable to take any kind of recourse against my ex because I do not know where he is. so it looks like I'm stuck with his wrongdoings affecting me and my son.
Regarding the job, it was a tight financial fit due to full time daycare (I currently have my parents to help) and any garnishment of my wages would have made it impossible.
Thanks again