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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12820
Experience:  B.A.; M.B.A.; J.D.
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I am getting divorced and my to be ex husband recently got

Resolved Question:

I am getting divorced and my to be ex husband recently got awarded SSD. our daughter received a large lump sum payment. I am the representative payee for my daughter. my husband's lawyer is trying to say to that he has some say over how this money is spent.
Social Security told me that he cannot take ANY of her money and I only have to report to SS once a year how the money is spent. I need a statute or law in PA that backs up this claim. Please help. My husband has a serious gambling addiction and just wants the money for himself.
Submitted: 12 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 12 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

That backs up your claim or your soon to be husband's attorney's claim?

Customer: replied 12 months ago.
What? I don't understand the question
Expert:  Phillips Esq. replied 12 months ago.
What statute or law are you looking for? The one that backs up your claim or your husband's Attorney's claim that he has a right to know what you are doing with the money?
Customer: replied 12 months ago.
I have no idea. They did not give a law. The judge wants a statute or law regarding retroactive payments only can be used by the representative payee (me) but I can't find one.
Expert:  Phillips Esq. replied 12 months ago.

Thank you for the information:



I have no idea. They did not give a law. The judge wants a statute or law regarding retroactive payments only can be used by the representative payee (me) but I can't find one.


Response: As the Representative Payee, you are the only one authorized to use the funds for the benefit of the child. You only answer to Social Security Administration and no one else. See Social Security Act Sections 807, 205j, 1631(a)(2) (42 U.S.C. Sections 1007, 405, and 1383):

http://www.socialsecurity.gov/OP_Home/ssact/title08/0807.htm

http://www.socialsecurity.gov/OP_Home/ssact/title02/0205.htm#act-205-j


http://www.socialsecurity.gov/OP_Home/ssact/title16b/1631.htm#act-b1631-a-2

Customer: replied 12 months ago.
I already what the social security admin says. What I want to know if if there is case law regarding this situation and can a state court override social security's decision that I should be the payee.
Customer: replied 11 months ago.

Hi, I do not feel you answered my question because I explained I already know what social security says but the judge says she doesn't understand how the father can't have any say over the money. well that's ridiculous because I am the primary caretaker and have custody!!

Expert:  Phillips Esq. replied 11 months ago.
Your Initial Post:
I am getting divorced and my to be ex husband recently got awarded SSD. our daughter received a large lump sum payment. I am the representative payee for my daughter. my husband's lawyer is trying to say to that he has some say over how this money is spent.
Social Security told me that he cannot take ANY of her money and I only have to report to SS once a year how the money is spent. I need a statute or law in PA that backs up this claim. Please help. My husband has a serious gambling addiction and just wants the money for himself.
Your Final Statement:

I already what the social security admin says. What I want to know if if there is case law regarding this situation and can a state court override social security's decision that I should be the payee.
Reply
7/29/2013 at 1:16 PM (4 hours and 53 minutes and 35 seconds later)

Hi, I do not feel you answered my question because I explained I already know what social security says but the judge says she doesn't understand how the father can't have any say over the money. well that's ridiculous because I am the primary caretaker and have custody!!

 

 

I respectfully XXXXX XXXXX your assessment of my answer. I will let our exchanges speak for themselves:

My Question:

What statute or law are you looking for? The one that backs up your claim or your husband's Attorney's claim that he has a right to know what you are doing with the money?

Your Response:


I have no idea. They did not give a law. The judge wants a statute or law regarding retroactive payments only can be used by the representative payee (me) but I can't find one.



My Response:

Thank you for the information:



I have no idea. They did not give a law. The judge wants a statute or law regarding retroactive payments only can be used by the representative payee (me) but I can't find one.

Response: As the Representative Payee, you are the only one authorized to use the funds for the benefit of the child. You only answer to Social Security Administration and no one else. See Social Security Act Sections 807, 205j, 1631(a)(2)(42 U.S.C. Sections 1007, 405, and 1383):

http://www.socialsecurity.gov/OP_Home/ssact/title08/0807.htm

http://www.socialsecurity.gov/OP_Home/ssact/title02/0205.htm#act-205-j

http://www.socialsecurity.gov/OP_Home/ssact/title16b/1631.htm#act-b1631-a-2




Your Response:


I already what the social security admin says. What I want to know if if there is case law regarding this situation and can a state court override social security's decision that I should be the payee.
Reply
7/29/2013 at 1:16 PM (4 hours and 53 minutes and 35 seconds later)

Hi, I do not feel you answered my question because I explained I already know what social security says but the judge says she doesn't understand how the father can't have any say over the money. well that's ridiculous because I am the primary caretaker and have custody!!

My Response:

 

You asked for Statutes dealing with retroactive payments and the use. I provided you with the Statutes. Social Security benefits are controlled by federal law, the Social Security Act and NOT Pennsylvania law.

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12820
Experience: B.A.; M.B.A.; J.D.
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