stepfather took all the child support from account

[worried aunt]

Jurisdiction

Texas

my sisters soon to be ex husband (not the father of the child) took every penny of child support from her son's account, and is now living on it and using it to buy very expensive gifts for his mistress. Is this theft? can my 18 year old nephew sue him? the money was being saved by his parents for college, and he needs the money NOW as he starts university this month.

 

[mightymoose]

If the money was in an account he legally had access to then it is not theft.
This is something they can address in the divorce though.
If he somehow accessed the money by fraudulent means then report it to local law enforcement.

 

[ElleMD]

Please note the date of the post. This one is 2 months old.