Guardian Claimed Me When I Didn't Live With Him

[holdit182]

What is the name of your state (only U.S. law)? Tennessee

Hi, I'm in a unique situation. My father died when I was 13 & my mother died in a car accident when I was 15 (while her second husband was driving); her second husband got Guardianship of me. He received Social Security payments for me from my mom and dad (though I didn't know that). After the accident, he filed for Disability and claimed me and his other children. I moved out of his home before I was 18, and told him I wanted to switch schools and my address; he convinced me I wasn't going to be able to and to just drop out. In reality he wanted to receive the Social Security checks he was getting and keep me on his Disability claim. (I had no idea any of this was going on, so I was a high-school dropout working two jobs to survive while he received money from my dead parents.) Anyway, he's been fighting for this for years (I'm 22 now) and is about to get approved & receive his massive back-payment. I want to know if I am entitled to a percentage for the time he claimed me? And any guidance in how to legally approach this would be greatly appreciated. Thank-You.

 

[Onderzoek]

What is the name of your state (only U.S. law)? Tennessee

Hi, I'm in a unique situation. My father died when I was 13 & my mother died in a car accident when I was 15 (while her second husband was driving); her second husband got Guardianship of me. He received Social Security payments for me from my mom and dad (though I didn't know that). After the accident, he filed for Disability and claimed me and his other children. I moved out of his home before I was 18, and told him I wanted to switch schools and my address; he convinced me I wasn't going to be able to and to just drop out. In reality he wanted to receive the Social Security checks he was getting and keep me on his Disability claim. (I had no idea any of this was going on, so I was a high-school dropout working two jobs to survive while he received money from my dead parents.) Anyway, he's been fighting for this for years (I'm 22 now) and is about to get approved & receive his massive back-payment. I want to know if I am entitled to a percentage for the time he claimed me? And any guidance in how to legally approach this would be greatly appreciated. Thank-You.

I am a bit confused by what you mean about "he claimed" you. On his income tax return as a dependent? Told SSA that you were living with him and he was providing you a home and was legal guardian so he was appointed payee to manage your survivor benefits?

About being entitled to any of his benefit the answer is no. However, if you were under age 18 for months of his retroactive entitlement and you can establish that he provided over 1/2 of your support (which may be difficult since you already had survivor benefits) and the amount you could get on his record is more than what was already paid on your parents' survivor benefits, there might be something payable to you as his dependent.

But otherwise, parents do not owe their adult children any money just because the children were 'claimed' (whatever that means to you).

You might try to prove that he misused your survivor benefits when you left home before age 18. You would need a lot more than your statements. and he could deny what you say. Also, I am not sure the period that is more than 4 years old can be reopened now in 2012 since you did not bring it up in 2008.

You could take him to small claims court, but again, your time limit may be up.