Q: Do SSA representative payee accounts with minor child titled as beneficiary/owner count as marital property in Wisc.?
Account is funded solely by past SSDI auxiliary/family benefits with only one biological parent titled as the representative payee/financial agent.
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A:
In Wisconsin, SSA representative payee accounts with a minor child as the beneficiary are generally not considered marital property. These accounts are funded by SSDI benefits, which are specifically designated for the child's use and welfare. As such, they are separate from the marital assets typically divided in a divorce.
The funds in these accounts are intended solely for the benefit of the minor child and are managed by the representative payee for the child's needs. The legal title and use restrictions ensure that these funds remain dedicated to the child's care, not as a shared marital resource.
It's important to keep detailed records of all transactions and expenditures from the account to demonstrate that the funds are being used appropriately. If there's any confusion or concern, consulting with a family law attorney in Wisconsin can provide additional clarity based on your specific situation.
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