Monroe, MI asked in Family Law for Michigan

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?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

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.

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