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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience:  Practing General Attorney,
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MY ex-daughter-in-law will start receiving part of my sons

Resolved Question:

MY ex-daughter-in-law will start receiving part of my son's military retirement in a few weeks. She wants the money direct deposited into an account to support her 19 year old son, till he gets out of college. She wants me to be the one who disposes of the money and makes sure he is cared for.   She has a 12 year old who gets SSI due to many problems from being born at 1 lb 8 oz.   His right arm is almost useless, he has Autism, is almost blind and has has over 22 surgeries.   If she has this money in her name, her 12 year old will loose his SSI and she has to have the insurance.   What can we do?
Submitted: 8 years ago.
Category: Legal
Expert:  Daniel Solutions replied 8 years ago.
Legally there isn't anything you can do because though you could have the money held in an account bearing your name for the 19 yr old there is a court order awarding the funds to your ex-daughter in law and should Social Security Insurance find out they would terminate SSI for the 12 yr old and could have your ex-daughter in law as well as you charged with Fruad. The problem is that the funds are entitled to your ex-daughter in law. If the funds were specifically for your 19 yr old son to be paid in his name with you as the guardian of the funds that would be different. However, unless there is a modification of the divorce decree that awarded the retirement funds (which would be almost impossible without raising red flags) there is no legal way to do it.
Customer: replied 8 years ago.
My 19 year old grandson is my son's child. He is to get financial help till he graduated college.   This money could be considered his child support till Shawn graduates college.

His mother would have the money direct deposited into the "trust" account for support of her and her ex-husband's son. Who is my grandson.   

Expert:  Daniel Solutions replied 8 years ago.
The income is only child support if it is labeled child support in the divorce decree. Further it would have to be paid directly to the child for exclusive use of that child. If not sepecifically labeled it will be considered part of the property settlement and considered income for the ex-wife. It doesnt matter where the ex-wife deposits the money. The problem is that it is an entitlement to the ex-wife and as such will be treated as income for the ex-wife.
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