My wife and I are separated, getting divorced. We have a 12 year old son with aspergers. When we first separated, she applied for ssi for our son under my name, without my knowledge and consent, because she knew that with my household income, he would be eligible. Her household income was too high to be eligible. Her motivation was that she would receive half of his ssi as part of the divorce. I have now been appointed as his representative payee.
From what I have since found out, is that this is HIS money, and not a marital asset to be divided between she and I. My question. Is there any way she can receive part of his ssi? To me, it seems that what she did could be construed as an intent to defraud, to collect money that she has no right to. I as his rep payee have to account for every cent. And I can't see how cutting her a check from his account can be approved by ssi.
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