Penalty for Social Security Fraud

[Greg1981]

My wife and I have been married for the last three years. I recieve SSDI and she gets SSI. We never informed the government that we got married. If they found out both of our benifits would greatly decrease. My wife and I have two children together and she was kinda forced into a positon where she had to go after me for child support or she would loose all benifits including food stamps and her public aid medical card for her and the children. I have a court date for May, 12th for child support. But since her and I are really married and live together, there really isn't any child support to pay. Also, I filed Joint married on my tax returns this year. When I go to cout I need to bring a copy of my retun. They can find out I am married that way, or we can just come clean now, and have my wife go into the office with proof of our marriage. What I need to know is what is the most likely penelty I will recieve when and if the government finds out we were married three years ago? This would be my our offence and my wife and I both have clean records. Do you think I would just have to pay back money, or would I most likely face prison time? And If I were to get sent to jail, would it be a State Prison, or a Federal Prison?

[Mr. Knowitall]

You should consult a local lawyer about the best way to extricate yourself from this mess. You're apparently committing fraud at both the state and federal level, although a state prosecution is the most likely if you are caught. Generally speaking you and your wife would be ordered to pay restitution.