Hi all, first time post so be gentle. My wife was interviewed under caution 12 months ago for alledged benefit fraud. A quick history,Feb 2008 I walked due to an indiscretion (not mine) and initially went off the radar. She claimed income support and was given housing and council tax benefit automatically. After a cooling off period I got in touch and the long and the short of it is that we reconciled PERMANENTLY February 2010. During those two years I stayed at my house whilst on leave from serving overseas to look after my kids, the eldest disabled. I also returned whilst my wife was in hospital , I would then return to my unit. Family background: We have 3 kids (after many losses) and she is expecting our fourth (and last!!) child due this summer. Now at interview she freely admitted that I returned home whilst on leave as we have no family local for me to stay with and it meant some continuity for the kids. The problem we have is that although we were in no physical sense living as husband and wife I still had my wages in our account. Her instruction being that if the kids needed anything she could take the necessary funds (school clothes, trips etc) Because I was away the fraud agency have stated that I was just working away and we were in fact a couple hence the prosecution. They stated that because I hadnt filed for divorce or changed my N O K we were in fact still a couple and therefore not eligible for benefits. Impossible for us to prove otherwise because the guy she had her 'indiscretion' with is married and wont confirm this to them. So we are stuck, we have offered to pay (just shy of £12K) back over time and they said IT WOULD NOT GO TO COURT IF SHE DID THIS, today we got a letter and a court date despite the offer! summary: mother of 3, expecting in the summer, co operated throughout and offered to pay despite our low income. We realise that yes she shouldnt have claimed when I was on leave however she was unsure if we would ever reconcile at that time. there are horror stories about examples being made, what is she likely to get. I am hoping for anything non-custodial but our solicitor wouldnt commit to his estimate which is causing us major stress which to be frank is the last thing she needs right now. Your thoughts please guys on possible outcomes and please no abuse many thanks