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what to do??

Started by abuta, Oct 27, 2008, 10:52:22 AM

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abuta

I am retired at 62.I am presently living with my daughter,who is ten,and her mom,who is 55.Mom is working and daughter gets a check(SS).The check has my name on it also.Mom wants the check payable to her instead of me.I have encountered problems with that also.This month's payments went in about two weeks and there is really nothing to show for it.That does include my check also.Is there a way for me to manage the money for my daughter?I will probably be moving out of the house soon. I am being accused of spending my check on myself(selfish).Most of my check has gone into the household.Approximately two-hundred and fifty dollars of my money was spent on needful things for me.Mom was given all of daughter's money.It was depleted and my money also(about $2200).Is there something wrong with this picture??

ocean

Huh?
If you leave the house she will get daughter's SSI money. Take your check and deposit it in a new account with your name on it and do whatever you want with it.

abuta

Thanks.It appears that I will be vacating the premises.Apparently that is what she wants.I will be happy to oblige her.Yes,the check is made out to me and daughter(for daughter).My question of course regards the custodial parenting position.Yes,daughter does stay with mom,however,there has been no mandates from any court regarding the issue.Of course,all of the money will be used for my daughter's well being.Will/can there be any legal issues involved?  

Davy

according to the Sccial Security Admin. you are defined as the Representative Payee for your daughter... you and you alone.and the representative cant not be changed without your written approval ( I suspect you will have to jump thru hoops to change  to justify a change).   I believe you will be legally required to file a detail report to depict how the money was spent for the period of a year.  Form SSA-623-OCR-SM (08-2007).  I think the accounting is somewhat flexible even though the request is somewhat detail.  There is an expectation that the money is used for the child's need and a portion of this money is SAVED  for the child's use (ie college) in later years when you may not be around (sorry).  I may be wrong but I think some states offer a tuition program wher $$ can be set aside and guarantee todays's tuition rate.  

Unlike the CS system, this money can not ve used for the mother's bar bills, boyfreinds, etc.  This system provides for accountability.  I think SSN funds are exempt from CS systems but I'm not sure.  

Another financial planning consideration.  Currently, there are SSA statues that once you're married 10 years,  the spouse with the LESS reportable SSA income is entitled to HALF the value of the other spouse's SSA benefit upon their retirement. if they have remained unmarried.  I don't think one  can collect from multiple spouses but who the hell knows.

I hope this helps !!

ocean

SSI just asks a in a very basic form where the money went. You can put that it all went to household expenses...100%. If child has bank account you "can" put some of it there too and record that but really...kids are a lot of money and she could easily put 100% to cost of living....

I would think that once you get to court they will order SSI to hand the money to mom if she will be custodial parent. By the way, you do not need to leave house until everything is settled or the courts will say you abandoned the home. You could legally take both checks and deposit into new account with just your name on it. Keep records of what you do with her money...(pay dance class, pay daycare, pay soccer, pay school lunches, clothes, etc..)