Legal Question in Family Law in Florida

Survivor benefits

My brother died and his daughter (a minor) receives a survivor benefit check each month through her mother.They were divorced when he passed. She does not work, has a live in boyfriend and uses the check for everything except the child. No clothes, ect. We take care of my neice a lot and buy her what she needs and feed her ect. Could she(the mother) be guilty of fraud for not working to pay her own bills and spending all the benefit money on herself first?


Asked on 9/10/07, 2:39 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Survivor benefits

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the information you gave is accurate, it sounds like the mother may possibly be guilty of child neglect. This would only be true if she truly neglects the child and uses all of the child's benefits for her own use and does not buy any food, clothing or other necessities for the child. There is no law that says a mother must work and pay her own bills. If the boyfriend is content to support her, then she can stay at home if she likes. If you feel there may be a true violation, then you can contact the Department of Children and Family Services for the county in which the child resides and file a complaint. Be forewarned however, that if it is unfounded, the mother will most likely cut off your contact with the child and you will have no recourse.

Scott R. Jay, Esq.

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Answered on 9/11/07, 12:36 pm


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