indentity theft and civil liablity

[guestpost]

I am a divorced father with joint legal custody of a 14yr. daughter. I have recently became aware that my exwife is using our daughter's ss# to purchase phones, vehicles, and various other items. My question is this... do i have a right to hold her responsible in civil court? / do i have a case against her for damages to our daughter's credit?

 

[Michael Wechsler]

You don't have standing (a legal right to sue) to bring a lawsuit your ex-wife - only your daughter does. I do not believe that you will be able to bring a lawsuit on her behalf without her consent, even as guardian, especially if she claims there was no wrongdoing and she authorized her mother to apply for the phone. The rest, however, seems like fraud such as the vehicle. Is your daughter aware of the use of her social security number and her potential problems she may have going forward? If not, the matter becomes more serious as it could involve identity theft matters. There are other ways to handle this matter, including in family court if you're dealing with related matters of child custody and support. It is also possible to notify the other party to these contracts as the parent of a child, that the agreements are made with a 14 year old, not an adult. Understand and appreciate the consequences before you decide to go that route. You may want to discuss it with your ex-wife first.