Q: Do I have any standing against my mother for survivor benefits?
For 3 years now, my mother has received survivor benefits due to the passing of my Father in 2017. However, I am an independent teen several months shy of 18. I do not live with my Mother, I live on my own and support myself in every way, including financially. However, she refuses to give me any incentive from the survivor benefit, nor does she spend it in my interest, use to it feed, clothe, or put a roof over my head. Do I have any legal standing here?
A:
Not sure that you do. We'd first need to determine what sort of survivor benefit you are talking about. Ordinarily, survivor benefits go to the surviving spouse, not children.
Without a court order - which would effectively be a child support order, I guess - I don't think you'd have any claim to that money. Of course, while you are a minor, your parent(s) have a legal obligation to support you under their roof. That means they are obligated to feed you, clothe you, and put a roof over your head; that does not mean they must give you cash for you to do the same on your own.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.