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Can my mother legally withhold my social security checks/money?


Well, my father died when I was 11, and it was my belief that I was supposed to receive a monthly $300 check as some kind of "consolation". When my first check arrived, I asked my mom about it and she said that it belonged to her. I'm 15 now, and I'm just wondering if she's within her legal rights, or if some kind of fraud is being comitted. Also, is there a way for me to claim this money legally?

Another slight detail-- she seldom spends it on actually supporting me, moreso spending it on her new hubby's car payments/ their private vacation fund.

Your mom is what is called a "representative Payee" in charge of the Social Security money that is being received after your fathers death, as part of what is called "death benefits". Though this money is technically in your name, as your guardian your mom is using it to help support you and your needs. It's possible that she is putting some of it away in a savings account, dependent on how tight money is in your home but as long as it's being used for household needs, food, shelter, keeping you clothed, fed and cared for, then she's using it as it's intended. It's meant as an aid to replace some of the income lost upon your fathers death. No fraud is being committed and no, you can't claim the money legally because you are not 18.

I'm very sorry for the loss of your dad.

it is probably legally for your mom to help take the place of the income your father was providing...at fifteen, you do not need this money....get a job....also, if it was solely meant for you and you alone, it would be nearly impossible for her to be able to cash the check...in most situations like this, it is the mothers until the child turns 18, and if the years have not expired on it, you may be entitled to something....and then, you would be what everyday people call, a "trust fund baby" (i.e. a spoiled brat) contribute to society like everyone else....it is expensive raising kids and i am sure your mother needs it to help pay for your care

The money is given to your mother to support you because of your dad's death. The money does not belong to you. As long as you have a place to live,food to eat and clothes to wear,she is using the money as she should. There is no fraud,and that money isn't for consolation.

consolation ???????????? geeeez where did you get that idea. That money is to support you as you grow. Your mom is in charge of it, So, if you have clothes, food, a roof over your head, heat, etc... she is spending it wisely. After 18, it can help fund your college. If not it stops.
It is for you mom to pay for your BASIC needs. Not for you to buy Xboxes and pot.

you arent suppose to get the check right in your hand, but you are suppose to benefit from it. not much you can do if your mom is being irresponsible. check some sites online and see what the legal age is and see if you can do something. sounds like you are mature enough to handle that.

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