Legal Question in Family Law in Illinois

Re: Mothers on Public Aid

I have read the answers of the first two lawyers who replied to your question. They are absolutely right. Lie, and you are asking for trouble.

Having said that, let me ask you: Why in god's name are you putting this man ahead of your new baby? Sooner of later you are going to be off public aid. When that happens, you'll only receive support from him if he feels like giving it to you, instead of getting the support the law requires. And your fights with him over support (and in my experience, you WILL have fights about it) will put a big divide between you and him, a divide that will affect your child. This is very sad. Don't lie.

Re: Mothers on Public Aid

You can be charged with a crime and so can the dad if he was aware and benefited. You will need an attorney.

Re: Mothers on Public Aid

The mother could be held criminally responsible for fraud. That could involve prison and fines in excess of any amount of aid she recieved.

Civilly, the mother, receiving funds by way of fraud, could have to repay them, plus punitive damages.

There are Illinois Appellate court decisions indicating the father can be responsible as well, although the mother committed fraud. The theory is called "unjust enrichment." "Unjust enrichment" basically means dad's kids received a benefit, so dad is also responsible.

The short answer is everyone involved is in trouble. If you are the mother, get an attorney before the IDPA figures out the fraud.