Columbia, SC asked in Social Security for South Carolina

Q: How do I stop my husband from spending his children's money?

My husband gets SSDI and our children gets money from his disability. Is there a way to keep him from spending their money since he is on the account he set up for them?

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: Certainly. If the money your children receive is from SSDI, it's intended for their care and support. If you believe your husband is misusing these funds, there are steps you can consider:

1. Document the misuse: Gather evidence showing the inappropriate spending or diversion of funds.

2. Apply to be the representative payee: The Social Security Administration (SSA) allows for another individual, usually a parent, to be designated as the representative payee to handle the funds for the child's benefit.

3. Once appointed, set up a dedicated account for these funds, ensuring that only authorized expenses related to the child's well-being are paid from this account.

4. If the situation escalates, you may need to consult with legal counsel for potential family court intervention, especially if the children's welfare is at risk.

5. Always communicate your concerns with the SSA; they have a vested interest in ensuring benefits are used appropriately.

6. Lastly, prioritize your children's best interests and consider seeking mediation or counseling to address underlying financial disputes.

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