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  1. #1
    Shyanne is offline Junior Member
    Join Date
    Aug 2007
    Location
    Branson, Mo
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    Exclamation Representative Payee for minor Child

    What is the name of your state? Missouri

    I am on SSD and my minor child is receiving benefits because of this. Here is an outline of the situation:

    My X and I have joint custody with no child support involved. One year he has custody our son, the next year I have custody of him.

    I was told by the local SS office since my X had custody at the time the benefits for my son were applied for my X would be appointed the Representative Payee. His custody for the year stopped on June 1st (custody changes at the end of a school year).

    My X received the back payment amount (from 2002) from SS on May 26th, 4 days before custody was to change. As well he has received the monthly payments from June, and is still receiving them to this date. Of course I was never informed by either my X or SS that this occurred, and only found out yesterday by calling the SS office to inquire about the status of the claim. The only info they would tell me was yes benefits are being paid, they would not tell me the amount or how they are being paid, if by direct deposit into an account for my son, or by a check being mailed monthly to his dads home. When this all started I talked to SS and asked them how the back payment amount would be received since we had joint custody I was told they would require a copy of the divorce decree from my X and the money would be split equally for each of us to manage, that did not happen. Also it is my understanding that the X was to have a face to face meeting with the SS office to set up the benefits, this was not done, it was all done through 1 phone call between the 2 of them, so there is no telling what story may have been told.

    I want to insure that the monies received by my X are actually being set aside for my son's future when he turns 18. I asked my X to send me an accounting of the funds, and he refused to do so, saying the person he spoke to at the SS office informed him he did not have to give me that information.

    I truly believe the monies received are not being set aside for my son. I thought it odd when my son told me that his dad was taking a trip to Alaska this past June, and wondered at that time where the X came up with the money to do so! As far as I am aware a savings account in my son's name has never been set up by the X, as I would assume my son (15 years old) would need to sign any bank documents to do this, and in asking him he if he had gone to the bank and signed any papers he said no he has not.

    Here are my questions:
    1. Does he have to supply me with this information as to how the money is accounted for since we both have equal joint custody per our divorce decree?
    2. Since my son will be in my care this next year (June 1 2007-May 31 2008) what recourse do I have to be appointed the Rep. payee?
    3. Should an account be set up in my son's name as well as mine and my X's name to insure we both are aware of how the money is being handled? If so can I force the issue with the X and get this done?

    Thanks for any input on this situation, I have been jerked around by the X since 1999 and am not going to take it any more!

    ShyanneWhat is the name of your state?
  2. #2
    BL
    BL is offline Senior Member
    Join Date
    Jul 2003
    Location
    In the good old US of A
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    18,861
    Quote Originally Posted by Shyanne View Post
    What is the name of your state? Missouri

    I am on SSD and my minor child is receiving benefits because of this. Here is an outline of the situation:

    My X and I have joint custody with no child support involved. One year he has custody our son, the next year I have custody of him.

    I was told by the local SS office since my X had custody at the time the benefits for my son were applied for my X would be appointed the Representative Payee. His custody for the year stopped on June 1st (custody changes at the end of a school year).

    My X received the back payment amount (from 2002) from SS on May 26th, 4 days before custody was to change. As well he has received the monthly payments from June, and is still receiving them to this date. Of course I was never informed by either my X or SS that this occurred, and only found out yesterday by calling the SS office to inquire about the status of the claim. The only info they would tell me was yes benefits are being paid, they would not tell me the amount or how they are being paid, if by direct deposit into an account for my son, or by a check being mailed monthly to his dads home. When this all started I talked to SS and asked them how the back payment amount would be received since we had joint custody I was told they would require a copy of the divorce decree from my X and the money would be split equally for each of us to manage, that did not happen. Also it is my understanding that the X was to have a face to face meeting with the SS office to set up the benefits, this was not done, it was all done through 1 phone call between the 2 of them, so there is no telling what story may have been told.

    I want to insure that the monies received by my X are actually being set aside for my son's future when he turns 18. I asked my X to send me an accounting of the funds, and he refused to do so, saying the person he spoke to at the SS office informed him he did not have to give me that information.

    I truly believe the monies received are not being set aside for my son. I thought it odd when my son told me that his dad was taking a trip to Alaska this past June, and wondered at that time where the X came up with the money to do so! As far as I am aware a savings account in my son's name has never been set up by the X, as I would assume my son (15 years old) would need to sign any bank documents to do this, and in asking him he if he had gone to the bank and signed any papers he said no he has not.

    Here are my questions:
    1. Does he have to supply me with this information as to how the money is accounted for since we both have equal joint custody per our divorce decree?
    2. Since my son will be in my care this next year (June 1 2007-May 31 2008) what recourse do I have to be appointed the Rep. payee?
    3. Should an account be set up in my son's name as well as mine and my X's name to insure we both are aware of how the money is being handled? If so can I force the issue with the X and get this done?

    Thanks for any input on this situation, I have been jerked around by the X since 1999 and am not going to take it any more!

    ShyanneWhat is the name of your state?
    [url]http://www.ssa.gov/pubs/10076.html[/url]

    1 ) No

    2 ) Go down to the nearest office with proof of residency and request to be appointed rep. payee . Explain that you are not receiving amount for the care of the child while residing with you .

    3 ) No, the payee is responsible to see the child's needs are meant , then any amounts left over should be saved as per regulations .

    Remember these are benefits for a non disabled child , not an Adult .

    SSA may not want to go through the hassles and often will not of changing payees , but that does not mean the child's needs should not be meant with the benefits .

    Even if a payee is not providing as per regulations , SSA often will not get involved unless the beneficiary
    is being neglected or abused .

    You could always Petition the Court for Support .

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