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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13266
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have question. we had our daughter in 2014 august and

Customer Question

I have question. we had our daughter in 2014 august and today my husband got a backpay for all of them years. but he is not living with me anymore neither he is dealing with the kids. he left the house and he has moved to someother state. I would like to know if I can be the payee for my child and the backpay he recived in mail, can I get that on my name?
Submitted: 4 months ago.
Category: Social Security
Customer: replied 4 months ago.
also he is 100 percent disable veteran
Expert:  Stephanie O Joy, Esq replied 4 months ago.

Yes, if you have custody and can show the SSA that you are the caretaker with the child, you will be made "representative payee" to handle your daughter's benefits, not the father that doesn't live there. With regard to back pay, you can request that they require the father return the back pay so the SSA can then send it to you - unless he can prove he spent it ON his daughter's basic needs, which he clearly can not. You should also be filing a motion in family court for child support, so the father can be providing some basic financial support for the child on an official basis.

Expert:  Stephanie O Joy, Esq replied 4 months ago.

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