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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38212
Experience:  Attorney with 17 years experience
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Does a superior court judge have jurisdiction or ssa

Customer Question

Does a superior court judge have jurisdiction or ssa survivor benifits. I am my grandaughters rep payee and I have a court order to have the money deposited in a blocked acciunt.
Submitted: 1 month ago.
Category: Family Law
Expert:  Infolawyer replied 1 month ago.
Greetings! I am a legal expert on the site and am working on your question. Normally that would be resolved within the agency. If there is a dispute a federal court would typically have jurisdiction over it. Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Expert:  Barrister replied 1 month ago.

Hello, new expert here.. I see you requested a new expert to assist so I will try to help..

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Did the judge order that the money needs to go into an account where it can't be withdrawn from?

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Was there some allegation of misuse of funds?

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What is the reason for the judge ordering the money to be put in this account?

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thanks

Barrister

Customer: replied 1 month ago.
Ordered in
Expert:  Barrister replied 1 month ago.

Ok, so the judge stated that the money has to go into the account..

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1. Was there some reason why he ordered this and has prevented you from being able to access it?

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2. Was this a probate court judge?

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3. Are you the legal guardian of the your granddaughter?

Customer: replied 1 month ago.
1 the judge ordered the money into a blocked account until she is 18 or a court order.2 the judge gave no reason and there was no alegation of misuse. 3 I'm a Co guardian and the rep payee for her social security benifits.it's my understanding the state has no jurisdiction over ssa benifits.
Expert:  Barrister replied 1 month ago.

Ok, thank you for that information.. While the state doesn't have any power to order SS to do anything, a state judge does have the power over guardianship and conservatorship proceedings and under that power, the judge has the right to control the handling and disposition of the assets of a minor until they become an adult.

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So for example, the judge wouldn't have any authority to order SS to increase the amount of money a recipient gets, but the judge would have the authority to limit a conservator's or guardian's control over that money until the minor reached the age of majority.

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With that said, if you as guardian needed funds to pay for child's care and expenses, then your recourse here is to file a petition with the court to have it grant you some type of access to that money so you can use it for the child's benefit.

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thanks

Barrister