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Some Questions about social security, and my mothers husband

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winnate

Junior Member
Hi, I am Nathan from minnesota. I am 14 years old, but don't let my age deceive you, i am a smart kid and I have some questions about law i would like to ask, but don't really know anyone besides a school counsiler to ask, so i thought i would give this a shot.

1. My mom got remarried, as i will mention more about later, but the man she married didn't adopt me, so what does that legally make us? Would he be considered my guardian? or just a stranger? please specify best to your knowledge.

2.When I was 3 years old my dad died in a auto accident, and we (my and my sister) are currently getting $500 a month social security, but my moms new husband (he didn't adopt me, they got married when I was 5, i do not consider him my dad, and (?)legally he isn't(?)) is using that money to pay off his bills, and truck payments, house payments, gambling problems, etc. I was wondering if there was any legal action i could take to stop this, considering (?)he is not my legal guardian(?).

thank you.
 


nextwife

Senior Member
Your step dad is the respresentative payee. The SS survivors payments are like a replacement for Child support that is payed based upon the decedent's work credits, to the household in which the child lives to assist that household in covering the expenses of supporting that child. IT is NOT the child's money.

Is your mother working? Where do the costs of providing you and sis housing, transportation, food, clothing, health care, insurance, school supplies, extra-curricular activities, etc. COME from? If not from mom and stepdad's household, then where? The SS benefits are to pay for your support. Are you saying stepdad doesn't pay to provide for any of you or sis's basic needs? Roof over your head, food etc? $500 doesn't go very far toward covering all that.

I pay about $150/mo for JUST my child's health insurance, another $40/mo for her monthly med, her religious school is several hundred a year, school fees, $100/yr, cloths, school lunch is about $3/day. And then there's housing (mortgage, property taxes, homeowners insurance, heat, electric, sewer/water/or septic charges) vehicles to take you to things, and so on.
 
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CourtClerk

Senior Member
There is a general policy amongst us seniors that we do not answer these types of questions from children, because these are adult issues and adults should deal with this. However, I will answer this question for you:
My mom got remarried, as i will mention more about later, but the man she married didn't adopt me, so what does that legally make us?
That makes him your stepfather. Nothing more, nothing less.

I have no idea why Nextwife would get into a conversation with you regarding household expenses as if you could possibly understand, except for maybe she doesn't have her own teenage child to understand that you can't possibly understand, even if you think you're the smartest thing this side of Jimmy Neutron.

Therefore, I will leave you with this. If there are any concerns as to the household money, take it to your mother and let her deal with it. There is absolutely NOTHING you can do about it anyway. It's her decision how the money is spent.
 

Gracie3787

Senior Member
Your step dad is the representitive payee The SS survivors payments are like a replacement for Child support that is payed based upon the decedent's work credits, to the household in which the child lives to assist that household in covering the expenses of supporting that child. IT is NOT the child's money.
Sorry, but I have to correct you. A step parent cannot legally be the representive payee. The OP's mother is the payee. Only the OP's mother can legally decide how the money is spent. Apparently in the OP's case, his mother has agreed with her husband on how the money will be spent.
 

LdiJ

Senior Member
Sorry, but I have to correct you. A step parent cannot legally be the representive payee. The OP's mother is the payee. Only the OP's mother can legally decide how the money is spent. Apparently in the OP's case, his mother has agreed with her husband on how the money will be spent.
Unless of course, the stepparent is the one with custody (perhaps because all parents are deceased) but of course that isn't the case here.
 

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