Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My ex-husband and I have joint custody of our children per our divorce decree, with me as the primary physical custodian of the children. My ex-husband receives disability benefits, including food stamps. He is about to be recertified for his food stamps, and wants a letter from me stating that he has the kids with him at least 50% of the time, so that he can obtain more food stamp money and more in the way of assistance benefits. While I don’t wish to stand in the way of him receiving his benefits, I am unwilling to make such statements when they are not true, and I am afraid I would be opening myself up to potential fraudulent activity. Am I over-reacting to this, or are these warning sirens in my head going off for a good reason?”
Question: In this instance, you are right to heed the warning sirens in your head. Unless you actually do have a true 50/50 timeshare in practice, I caution against swearing out the suggested statement to allow your ex to get more government benefits. Welfare fraud is bad. Period.