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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35333
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I recently retired and am receiving my ss benefit i have

Customer Question

i recently retired and am receiving my ss benefit i have 2 children, still dependents, with 1 and 2 years of highschool to finish. they will be over 18 when graduating. i know the school must verify their enrollment, but their benefits will now go directly to them. since they are still dependents and i continue their total support can they sign checks and can i deposit into household account or is it their money entirely
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.
Good morning,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. Once your child turns 18 your job as representative payee ends unless social security is advised of a reason that your child still needs a representative payee---such as for a disability they might have. The funds belong to the child and whether they agree to sign the check over to you is a matter of agreement between the two of you. In many states your obligation of support ends at age 18 and you have some leverage over your child. But if you are not willing to place conditions on your child continuing to live in your household---such as their obligation to pay over part or all of the benefit, then they can do with the money as they wish. So, in a nutshell, after 18, the money is theirs to do with as they wish. However, you as the parent and head of the home may have leverage to negotiate some reasonable adult behavior from your child in terms of contribution to the family as after all, the ONLY reason they are receiving the money is because you are retired. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you.I wish you and yours the best in 2015,Doug