I have received several emails from unhappy non-custodial parents who are paying child support and/or whose children receive auxiliary benefits thanks to the non-custodial parent. As one such reader wrote:
How can the non-custodial parent control the use of the benefit for the welfare of the child if the custodial parent is a chronic nonworking individual who lives off welfare and the child support I provide already?
Here are my thoughts: there are really two issues here. The first issue has to do with child support, which is a state court issue. Generally, when a state court judge awards primary custody and child support, he does so with the belief and expectation that the custodial parent is best equipped to take care of the child or children. Even when custody is evenly divided, a judge may award child support if he believes that the non-custodial parent needs the financial resources to best care for the child.Read more on Custodial Parent Uses Auxiliary Benefits and Child Support on Beer and Dancing – What Can I Do?…
Filed under Misuse of funds by representative payee, Representative Payee issues by on Jan 12th, 2011. 2 Comments. 
Most of the comments and questions I get on this blog come from parents who are trying to get child support or who have child support obligations but no source of income to pay. This email comes from a teenager who was approved for disability and who contends that her parents are misusing funds that are supposed to be used for her care and welfare:
hi i am 17 i have been on disability since i was twelve i have a few questions. 1 my parents give me no money from it, nor do they allow me to do extra curricular activites with the money, archery, tae kon do art sculpting etc, is this legal of them? 2 they frequently use the money for the truck payement on a truck that is not neccasary nor running, they dont keep track of the money nor do they keep recepts. is that legal? 3 they wont let me work because it cancels the disability yet they give me no money from it, am i entitled to some money also can i turn them in or set up a confrence or court date to stop the ssi income since i am capable of working desire work and get no benefit from the check??? please i ask for your time soon cause i have to pay for damages and court costtts and cannot accuire work nor income fromm ssi to do so and i will be in comptemt thank you very much
Here are my thoughts: Generally when a benefits are awarded to a minor child, those payments are sent to the that child’s parents or legal guardians who serve as the “representative payee” for that minor child. The funds should be used for the health, education and welfare of the child.
Social Security rules provide that the representative payee may only use the child’s SSI benefits for the following purposes:
- medical treatment
- education or job skills training
The following expenses may also be paid from the child’s SSI account if they benefit the child and are related to the child’s impairment:
- personal needs or assistance (i.e. in-home nursing care)
- special equipment
- housing modification
- therapy or rehabilitation
- other items that are approved in advance by the local Social Security office
Filed under Misuse of funds by representative payee, Reader Stories, Representative Payee issues by on Nov 25th, 2009. 3 Comments.
Jonathan Ginsberg