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A MINOR GRAND CHILD WAS IN MY CARE UNTIL MY DAUGHTER PASSED…

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A MINOR GRAND CHILD WAS...
A MINOR GRAND CHILD WAS IN MY CARE UNTIL MY DAUGHTER PASSED AWAY, MY DAUGHTERS X HUSBAND ASSUMED RESPONSIBILITY FOR THAT CHILD THAT IS A TEENAGER. WE APPLIED FOR SOCIAL SECURITY FOR THAT CHILD IN MY DAUGHTERS BEHALF. HE RECEIVES ABOUT $500 PER MONTH. BUT HIS FATHER TOLD HIM, BECAUSE I PAID CHILD SUPPORT FOR SO LONG THIS MONEY BELONGS TO ME. HE GIVES THE CHILD $20 A WEEK AND TOLD HIM THAT IS ALL HE DESERVES AND USES THE REST FOR HIS OWN PERSONAL USE. HE REFUSES TO EVEN GIVE THE CHILD LUNCH MONEY. RARELY HAS ANY FOOD IN THE HOUSE, SUPPLIES HIM WITH NOTHING ELSE OTHER THAN A PLACE TO SLEEP. CAN HE DO THIS WITH A SOCIAL SECURITY CHECK MAD OUT TO MY GRANDCHILD.
Submitted: 2 years ago.Category: Social Security
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2/2/2016
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 years ago
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,613
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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Good afternoon, with regard to your post:

"A MINOR GRAND CHILD WAS IN MY CARE UNTIL MY DAUGHTER PASSED AWAY, ------- I am very sorry for your loss.

MY DAUGHTERS X HUSBAND ASSUMED RESPONSIBILITY FOR THAT CHILD THAT IS A TEENAGER. ----- OK, sounds weird since he could have done that before mom passed, when you had custody from mom.

"WE APPLIED FOR SOCIAL SECURITY FOR THAT CHILD IN MY DAUGHTERS BEHALF. HE RECEIVES ABOUT $500 PER MONTH. ---- OK.

"BUT HIS FATHER TOLD HIM, BECAUSE I PAID CHILD SUPPORT FOR SO LONG THIS MONEY BELONGS TO ME. -------- That is not true. However, he is likely the RP (representative payee) to handle the money for the minor, who is generally considered not competent to do so. As such, all must be used for child's needs. However, that DOES include food, rent, utilities share, clothing, etc. So clearly $500 goes fast.

HE GIVES THE CHILD $20 A WEEK AND TOLD HIM THAT IS ALL HE DESERVES AND USES THE REST FOR HIS OWN PERSONAL USE. ------ If it is for HIS part of the rent/food, it is not permitted. But since the child also has rent/food needs, and that is what SS auxiliary dependent benefits are for, it can be used for that.....

HE REFUSES TO EVEN GIVE THE CHILD LUNCH MONEY. --------- If you are saying the child goes without food, this is a matter that you need to address with child protective services. If he is engaging in negligence to the detriment of the child's welfare, the child may have to be removed.

"RARELY HAS ANY FOOD IN THE HOUSE, SUPPLIES HIM WITH NOTHING ELSE OTHER THAN A PLACE TO SLEEP. CAN HE DO THIS WITH A SOCIAL SECURITY CHECK MAD OUT TO MY GRANDCHILD." ---------- See above. No, he can't spend the money on himself and he must spend it on the child's basic needs that are not otherwise met. And it is very possible that all $500 would go to needs via the rent and such that I noted above. BUT, if the parent, from a family / custody law perspective is unwilling or unable to properly care for the child and the child's basic needs are not being met, then that is an issue of changing custody. If the child were to return back to you, you would be the RP (or become it), and you could also file for child support from the father, and the child would also have the SS, which you'd use on his behalf, either basic survival OR, if you could and wanted to swing it, support him without and just use his SS to build a savings or college fund for him, or spend it on camp or sports or other healthy recreational activities.

It may be hard to prove dad is spending it "on himself" - but you can take the possible route of negligence and custody change so that it shows regardless of the SS and what he is spending IT on, he is unfit (if that is the case). If you can, consult with a custody lawyer.

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 years ago

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 2 years ago

Urgent!

Hello again. Please, if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because it is the only way I can receive credit for time spent with you. Please:

1) Follow up if clarification is needed on our above interaction/Q&A, OR

2) Rate me highly if we are finished for the time being.

If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here!

Sincerely,

Stephanie O. Joy, Esq. – Your Online Legal Professional

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