Minor child living with someone other than parents

[Minna]

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

I have a quick question. My brother in law is 16. He moved in with us a few months ago. My inlaws have contributed nothing to his care other than paying his cell phone bill since then. FIL is drawing SS, so I'm pretty sure BIL is as well. Can we go to SS and get his check transferred to us? How does this work? My inlaws moved out of state this week, and I don't think it's fair for them to get a check on him while we struggle to take care of our own kids and have hers too. My 18 yr old BIL lives with us as well. Thanks a lot for your help.

 

[Proserpina]

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

I have a quick question. My brother in law is 16. He moved in with us a few months ago. My inlaws have contributed nothing to his care other than paying his cell phone bill since then. FIL is drawing SS, so I'm pretty sure BIL is as well. Can we go to SS and get his check transferred to us? How does this work? My inlaws moved out of state this week, and I don't think it's fair for them to get a check on him while we struggle to take care of our own kids and have hers too. My 18 yr old BIL lives with us as well. Thanks a lot for your help.

File for guardianship - you will need to do that before SS will redirect any monies.

Have you actually asked the in-laws about this?

 

[Minna]

We were waiting on them to leave the state to file for guardianship. My husband told them we were struggling and it caused an argument that led to them no longer speaking. We waited until they were out of state b/c she is crazy and would have forced BIL back into her house just to keep the money, which would have led to a big ordeal and her probably going to jail. The reason the boys live with us is because she was given a choice, let them live with us, or face DHS for child abuse.

 

[Isis1]

We were waiting on them to leave the state to file for guardianship. My husband told them we were struggling and it caused an argument that led to them no longer speaking. We waited until they were out of state b/c she is crazy and would have forced BIL back into her house just to keep the money, which would have led to a big ordeal and her probably going to jail. The reason the boys live with us is because she was given a choice, let them live with us, or face DHS for child abuse.

Hold on! Social services was involved? Were there any placement paperwork? Why are you waiting for them to go out of state???? If social services were involved you might want to apply for custody instead.

That 18 year old needs to get a job, though.

 

[Minna]

No, they weren't involved. But they could be if she were to start throwing fits again. The 18 yr old has a job, but as you know at 18 yrs old with no education and no experience he makes enough money for his vehicle and gas to work and that's about it, so that doesn't help us out much.
I'm really just wondering, will they transfer the check, will they make her pay back the last few months she has been drawing and him not living there. And, how can we go about this when she refuses to give us his birth certificate or SS card.

 

[BL]

Talk to your local SSA representative .

Ask about being the child's payee .

No the parents would not be entitled to the money if it's not going for his support , and the minor is not living there .

SSA might demand to be paid back , or just stop those checks going there .

 

[Just Blue]

.The reason the boys live with us is because she was given a choice, let them live with us, or face DHS for child abuse

WHO gave them this "choice"? Police? DHS? YOU?? WHO?

 

[Onderzoek]

When you file to be payee, you will need to show something documenting that you have custody. Bring the 16 year old along. SSA may put the whole record into suspense while trying to figure out who is telling the truth. Parents without custody can still be preferred payees if they can show they are showing care and concern for the child.

If she is a flake, it may be difficult for SSA to get her to pay any money back.

Of course, there may be nothing payable too. The family maximum may be not be high enough for any benefits for children.

Probably too late to change January's benefit.