QUESTION
What can be done if a child in the custody of their mother is not using disability for the child? How?
Asked on Jun 16th, 2015 on Child Custody - Washington
More details to this question:
A mother is using child's disability check for personal use and not for child. The mother has not had the child in her custody for over 2 months. The father (who is not genetically true father), has raised the child since she was born. What can be done?
5 ANSWERS
Bruce Provda
A complaint can be filed with Social Security if the child is on SSI. If the child is on state disability then a complaint can be filed with the state agency overseeing the funds.
Answered on Jun 16th, 2015 at 5:46 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: retain an experienced family law attorney to advise and represent you. Generally, courts have ruled that the payor parent may not inquire too closely into how the payee parent uses the money: it's understood that it will be used for general household expenses. If the mother has relinquished custody of the child to another person, you might have a basis for going into court and modifying the current placement arrangements.
Answered on Jun 16th, 2015 at 5:19 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File a motion for guardianship.
Answered on Jun 16th, 2015 at 4:36 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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There's not enough information. Who pays the disability checks and what are their purpose?
Answered on Jun 16th, 2015 at 4:30 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the father has a legal right to have the child live with him by way of a court order, than he should be the payee for disability. If this is a private arrangement, it is not legal and the father should go to court to get appropriate custody including an order to be the payee for the child's disability payment.
Answered on Jun 16th, 2015 at 3:21 PM