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Parents charging rent

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eddieschenkel

Junior Member
I am a 17 year old living in the state of CA. I am on formal probabtion, forcing me to live with my Father. He charges me $270 a month for rent which is taken out of my SSI check from my mother's death. Is this legal? If so, can I emancipate myself while on probation?
 


cbg

I'm a Northern Girl
If you are on probation, you don't have a prayer of being emancipated.

And why do you think it's illegal for your father to charge you rent?
 

sandyclaus

Senior Member
I am a 17 year old living in the state of CA. I am on formal probabtion, forcing me to live with my Father. He charges me $270 a month for rent which is taken out of my SSI check from my mother's death. Is this legal? If so, can I emancipate myself while on probation?
If you are on probation, it is highly unlikely that you can become emancipated. (You can't seem to stay out of trouble, and that is really critical when it comes to granting an emancipation request.)

As for charging you rent, good for dad. It's about time you start paying your own way. If you were to become emancipated, you would not only have to pay your own rent (much higher than $270 a month, I'll tell you that), but also pay for your food, transportation, utilities, etc. Plus, you would have to have a job that could support your cost of living.

In case you haven't yet figured it out, NO, it's NOT illegal to charge you rent. You'll soon enough be doing it on your own when you turn 18. Better get used to it now.
 

justalayman

Senior Member
You guys don't see a problem with charging a minor rent? A parent is legally required to provide at least the basic necessities of life.

I doubt there is a problem with taking the SS money but actually charging for rent: I do see that as a problem.
 

sandyclaus

Senior Member
You guys don't see a problem with charging a minor rent? A parent is legally required to provide at least the basic necessities of life.

I doubt there is a problem with taking the SS money but actually charging for rent: I do see that as a problem.
Ok, maybe not rent per se. But perhaps the cost of maintaining his probation? I do believe that some jurisdictions do charge the parents for the services of the probation officer. Reimbursement for bail and attorney fees incurred for this child's offenses?

Sure. Maybe calling it "rent" is inappropriate. But this kid certainly owes his parents a debt for non-basics that were incurred as a result of his criminal actions. Those aren't and shouldn't be freebies. And, of course, if he doesn't pay rent, they wouldn't be able to justify evicting him for nonpayment. But that doesn't mean he shouldn't be paying them something for the money they have had to put out for his defense and criminal expenses.
 

justalayman

Senior Member
I haven't checked but at least is some states, a parent has a right to take any money a minor has, including earnings from a job. If that holds true for the OP's state, the parent can take the SS money without any justification. I just saw charging for rent to be a problem in itself.
 

Rushia

Senior Member
I haven't checked but at least is some states, a parent has a right to take any money a minor has, including earnings from a job. If that holds true for the OP's state, the parent can take the SS money without any justification. I just saw charging for rent to be a problem in itself.
Why? My parents charged me rent starting at age 16. It was a small fee but my parents were attempting to help me learn how to budget my money. Trust me, the lesson was learned.
 

cbg

I'm a Northern Girl
Why? My parents charged me rent starting at age 16. It was a small fee but my parents were attempting to help me learn how to budget my money. Trust me, the lesson was learned.
That's what was in my mind, as well.
 

Rushia

Senior Member
That's what was in my mind, as well.
I just didn't understand the problem. I've heard some parents did that then saved the money and gave it back to the child as a bonus at the age of emancipation. Some parents (like mine) felt the need to teach the child. And yet other children go out and get jobs on their own to help a struggling parent.

In this case, OP obviously got into trouble, what's the problem with dad forcing him to pay for it and labeling it "rent".
 

justalayman

Senior Member
No problem that I can see. JAL, your thoughts?
I understand the intent and your position on it. My only point is: a parent is legally required to provide the necessities of life for their child. Granted, whether dad calls it rent or a fine for being stupid and getting caught committing a crime is merely semantics but I think dad would be questioned less if he called it a fine. If not, next thing you know dad is going to be charging OP for meals:eek:.

I'm curious how the money is being taken out of the check. I would think dad is the payee as the guardian of his minor son but OP makes it sound so official.

The other thing dad needs to be careful with: if he charges rent, it is income to him. OP could be a jerk about it and make a call to the IRS about it. I would love to see the ensuing conversation between dad and the IRS:

IRS; well mr OPdad, I see you collected $3240 in rent last year but you have not included that as income on your 1040. Care to explain?

mr. OPdad: it wasn't really rent. I was trying to teach my son a little responsibility. In fact, I actually put the money in a separate account and intended on giving it to OPson when he is off probation and moves out. It was simply a means to force him to save some money.

IRS: well, that's all good and well and we understand and even respect your intent but the fact is; you did consider it rent which is taxable income. So, now you owe us $642 in taxes plus $1000 penalty fee. You good with that?
 

mistoffolees

Senior Member
I understand the intent and your position on it. My only point is: a parent is legally required to provide the necessities of life for their child. Granted, whether dad calls it rent or a fine for being stupid and getting caught committing a crime is merely semantics but I think dad would be questioned less if he called it a fine. If not, next thing you know dad is going to be charging OP for meals:eek:.

I'm curious how the money is being taken out of the check. I would think dad is the payee as the guardian of his minor son but OP makes it sound so official.

The other thing dad needs to be careful with: if he charges rent, it is income to him. OP could be a jerk about it and make a call to the IRS about it. I would love to see the ensuing conversation between dad and the IRS:

IRS; well mr OPdad, I see you collected $3240 in rent last year but you have not included that as income on your 1040. Care to explain?

mr. OPdad: it wasn't really rent. I was trying to teach my son a little responsibility. In fact, I actually put the money in a separate account and intended on giving it to OPson when he is off probation and moves out. It was simply a means to force him to save some money.

IRS: well, that's all good and well and we understand and even respect your intent but the fact is; you did consider it rent which is taxable income. So, now you owe us $642 in taxes plus $1000 penalty fee. You good with that?
Yes, that's a good point, but I'm not sure the IRS would have a leg to stand on unless there is written documentation of the transfer.

I'm just wondering why the money would belong to the kid, anyway. Isn't it supposed to replace the support they would have received if the other parent had died? Shouldn't it be paid to the parent who is taking care of the child?
 

justalayman

Senior Member
I'm just wondering why the money would belong to the kid, anyway. Isn't it supposed to replace the support they would have received if the other parent had died? Shouldn't it be paid to the parent who is taking care of the child?
from the IRS, it would appear that survivor's benefits paid to the child are considered income for the child:

Survivors' Benefits

Question: Are social security survivor benefits for children considered taxable income?


Answer: Yes, under certain circumstances, although generally a child will not receive enough additional income to make the child's social security benefits taxable.

The taxability of benefits must be determined using the income of the person entitled to receive the benefits.
If you and your child both receive benefits, you should calculate the taxability of your benefits separately from the taxability of your child's benefits.
The amount of income tax that your child must pay on that part of the benefits that belong to your child depends on the child's total amount of income and benefits for the taxable year.
there is a benefit that is payable to the caretaker of a child but from what I read, that ceases when the child is 16 so I believe that is not the benefit in question here.

Maybe one of the others that are more familiar with SS and survivors' benefits will post. I'm getting outside my realm of knowledge here.
 

mistoffolees

Senior Member
from the IRS, it would appear that survivor's benefits paid to the child are considered income for the child:

Survivors' Benefits



there is a benefit that is payable to the caretaker of a child but from what I read, that ceases when the child is 16 so I believe that is not the benefit in question here.

Maybe one of the others that are more familiar with SS and survivors' benefits will post. I'm getting outside my realm of knowledge here.
You're right. I guess I was speculating. While it is true that some benefits are paid directly to the child, I'm wondering why it was set up that way. It's up to the remaining parent to provide for the child, so I'm curious what the logic was for sending the money to the child rather than the parent.
 

LdiJ

Senior Member
from the IRS, it would appear that survivor's benefits paid to the child are considered income for the child:

Survivors' Benefits



there is a benefit that is payable to the caretaker of a child but from what I read, that ceases when the child is 16 so I believe that is not the benefit in question here.

Maybe one of the others that are more familiar with SS and survivors' benefits will post. I'm getting outside my realm of knowledge here.
I was under the impression that survivor's benefits for children were paid to their parent as their "rep payee" until they are 18 (or 19 if still in high school). My understanding is that the benefits that end at age 16, are the additional benefits that are paid to the caretaker of the child.

Therefore, as I am reading this thread I am thinking that dad is actually doing his son a big favor, because dad could keep the entire benefit. Instead, he is only keeping 270.00 of the benefit and letting the child have the rest.
 

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