+ Reply to Thread
Results 1 to 15 of 15
  1. #1
    cwschultz32 is offline Member
    Join Date
    Sep 2011
    Posts
    38

    SSI Issue with dad not giving to children.

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

    I need help with SSI. Is it possible for SS to be sent to the kids it is being drawn for? The dad draws disability but uses all the money plus the kids money for Meth. He is now incarcerated and all the money he uses for himself.
    Is it possible for the mother to get this changed herself ? She does'nt want his money just the money that is supposed to be for the kids. They are not divorced yet.
  2. #2
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Working with Chloe O'Brian
    Posts
    39,313
    Quote Originally Posted by cwschultz32 View Post
    What is the name of your state (only U.S. law)? Florida

    I need help with SSI. Is it possible for SS to be sent to the kids it is being drawn for? The dad draws disability but uses all the money plus the kids money for Meth. He is now incarcerated and all the money he uses for himself.
    Is it possible for the mother to get this changed herself ? She does'nt want his money just the money that is supposed to be for the kids. They are not divorced yet.


    How about we get Mom to sign up here herself? That would be much better.
  3. #3
    cwschultz32 is offline Member
    Join Date
    Sep 2011
    Posts
    38
    She is sitting beside me. She is just not sure what to do.
  4. #4
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,568
    You can petition the SSA to change the representative payee. My understanding is the process is cumbersome. Once a payee has been selected, the SSA does not like to change without good reason.
    1-800-772-1213
    [url=http://www.ssa.gov/payee/faqrep.htm]Social Security Administration - Representative Payee Program[/url]
  5. #5
    cwschultz32 is offline Member
    Join Date
    Sep 2011
    Posts
    38
    Quote Originally Posted by OHRoadwarrior View Post
    You can petition the SSA to change the representative payee. My understanding is the process is cumbersome. Once a payee has been selected, the SSA does not like to change without good reason.
    1-800-772-1213
    [url=http://www.ssa.gov/payee/faqrep.htm]Social Security Administration - Representative Payee Program[/url]
    Thank you! I have been covering all the cost.
  6. #6
    TheGeekess is offline Senior Member
    Join Date
    Nov 2007
    Location
    The Heart o' Dixie
    Posts
    9,745
    And if Dad is in jail, that makes him ineligible.

    How jail affects Social Security benefits and SSI
    Updated 08/29/2011 09:12 AM | ID# 1224

    Why did I not get a check while I was in jail?

    The rules for suspending Social Security payments for people who are in jail are different based on whether you receive Supplemental Security Income (SSI), retirement, disability or survivor benefits.

    SSI benefits:

    If you get a monthly SSI check and you are in jail, your SSI check will stop after you are in jail for a full calendar month.

    For example, if you were in jail on March 21, 2001 and you stay there to serve a three-month sentence, your check will stop beginning with April 2001.

    Contact your local Social Security office and bring your proof of release from jail to restart your monthly benefits.

    Retirement, Survivors or Disability benefits:

    If you get retirement, survivors or disability benefits and you are in jail and convicted of a crime, your monthly benefits will stop after you remain in jail for more than 30 continuous days following your conviction date. If you are in jail awaiting trial, you will continue to get your check until you are convicted.

    For example, if you were in jail on March 21, 2001 and were convicted of a crime on March 29, 2001, and you stay there to serve a six-month sentence, your benefits will stop beginning with your March 2001 check which is the check you receive in April 2001.

    Contact your local Social Security office and bring your proof of release from jail to restart your monthly benefits.
    [url=http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1224/related/1]How jail affects Social Security benefits and SSI[/url]

    Effect of prison on a dependents benefit
    Updated 02/25/2011 05:01 PM | ID# 1243
    Will Social Security benefits to my spouse and children stop while I am in prison?
    Your eligible family members will continue to receive benefits. You, or a member of your family, should contact Social Security right away to report that you are in jail.
    [url=http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1243/]Effect of prison on a dependents benefit[/url]
  7. #7
    Onderzoek is offline Member
    Join Date
    Oct 2009
    Posts
    752
    Quote Originally Posted by OHRoadwarrior View Post
    You can petition the SSA to change the representative payee. My understanding is the process is cumbersome. Once a payee has been selected, the SSA does not like to change without good reason.
    1-800-772-1213
    [url=http://www.ssa.gov/payee/faqrep.htm]Social Security Administration - Representative Payee Program[/url]
    Payee changes are not cumbersome, but it is helpful to provide proof of which parent has custody so SSA doesn't have to try to be Solomon and figure out which parent is honest and which is not.

    Is the mother a responsible person? Not a felon, no drug use history herself, employed, stable? When the children don't live with her, does she pay child support? Where do the children live? Is there a current court order for custody?

    If parents are fighting over custody, the best solution is a payee agency who will manage the money.

    I am guessing that you are incorrect in calling the benefits SSI, unless the children themselves are disabled. I am assuming the funds are for Social Security Disability auxilliary benefits. If I am wrong, then there is more to this.

    The only way minor children can be paid directly is if they are emancipated.

    Who provides the children with a home? Who buys their clothes? Who feeds them?
  8. #8
    cwschultz32 is offline Member
    Join Date
    Sep 2011
    Posts
    38
    Yes the payments are due to disability. There are three children and one receives more than the others due to having cancer. If the father is in jail will the children not receive there payments? The home they live in is with there mother though a divorce is not final. She has no job so I foot the bills right now. The kids do not want to be with the father he is just done so much they don't go around him.
  9. #9
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,568
    The SSA does not change rep payee, just because one or the other has custody. They do it because they choose to. They may refuse, if they feel he has been submitting acceptable paperwork. He will lose the right to collect SSI at the end of the month if he is still incarcerated then.
  10. #10
    TheGeekess is offline Senior Member
    Join Date
    Nov 2007
    Location
    The Heart o' Dixie
    Posts
    9,745
    Quote Originally Posted by OHRoadwarrior View Post
    The SSA does not change rep payee, just because one or the other has custody. They do it because they choose to. They may refuse, if they feel he has been submitting acceptable paperwork. He will lose the right to collect SSI at the end of the month if he is still incarcerated then.
    It's SSDI, not SSI.
  11. #11
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,568
    Quote Originally Posted by TheGeekess View Post
    It's SSDI, not SSI.
    OP said SSI. I used her words. It isn't SSDI, the children are disabled. If dad is in jail, that will be a compelling reason to force the change now. The SSA will likely allow it.

    I need help with SSI
    Last edited by OHRoadwarrior; 10-11-2011 at 10:56 PM.
  12. #12
    TheGeekess is offline Senior Member
    Join Date
    Nov 2007
    Location
    The Heart o' Dixie
    Posts
    9,745
    Quote Originally Posted by OHRoadwarrior View Post
    OP said SSI. I used her words. It isn't SSDI, the children are disabled. If dad is in jail, that will be a compelling reason to force the change now. The SSA will likely allow it.
    Dude, there are NO DEPENDENT BENEFITS under SSI. The OP (who is actually a third party in this situation) says that ONE of the children has CA and is getting a little more in benefits, but all of the minor dependents are receiving benefits.

    OP's friend's husband is receiving SSDI by the evidence presented.
  13. #13
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,568
    Quote Originally Posted by TheGeekess View Post
    Dude, there are NO DEPENDENT BENEFITS under SSI. The OP (who is actually a third party in this situation) says that ONE of the children has CA and is getting a little more in benefits, but all of the minor dependents are receiving benefits.
    OP's friend's husband is receiving SSDI by the evidence presented.
    Yes the payments are due to disability. There are three children and one receives more than the others due to having cancer.
    This is where the initial confusion was clarified. The children are all disabled.
  14. #14
    TheGeekess is offline Senior Member
    Join Date
    Nov 2007
    Location
    The Heart o' Dixie
    Posts
    9,745
    Quote Originally Posted by OHRoadwarrior View Post
    This is where the initial confusion was clarified. The children are all disabled.
    I say you're reading that wrong.

    From an earlier post:

    The dad draws disability
  15. #15
    Onderzoek is offline Member
    Join Date
    Oct 2009
    Posts
    752
    Quote Originally Posted by cwschultz32 View Post
    Yes the payments are due to disability. There are three children and one receives more than the others due to having cancer. If the father is in jail will the children not receive there payments? The home they live in is with there mother though a divorce is not final. She has no job so I foot the bills right now. The kids do not want to be with the father he is just done so much they don't go around him.
    Benefits are not higher if one child has cancer. There could be entitlement for that child on both Social Security auxilliary and SSI which are two programs. SSI is public assistance so where the child lives matters.

    SSDI is stopped if the claimant is convicted and confined. Not just jailed.

    The mother needs to step up, take her custody documents (if there are any), bring any proof she has that children live with her (not just what her boyfriend says) and go to her local office.

Similar Threads

  1. Children in shared custody issue
    By Just4thekids in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 1
    Last Post: 04-09-2009, 08:32 PM
  2. Replies: 10
    Last Post: 07-02-2008, 07:42 PM
  3. Replies: 2
    Last Post: 12-26-2005, 09:36 AM
  4. Giving Property to children
    By MIRCIE in forum Other Real Estate Law Questions
    Replies: 1
    Last Post: 01-13-2005, 08:03 AM
  5. Giving house to adult children?
    By cbh in forum Tax Law
    Replies: 3
    Last Post: 01-20-2003, 01:59 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.