Question on Soc. Security and kids

Leva · Feb 8, 2009

I know that when a parent dies, the kids get social security payments until they're 18 or 19 years old. However, is there any rule that the surviving parent has to put the $ towards the kid's welfare?

Scenario: 16 year old girl. Her stepmother is the custodial parent -- both her bio parents are dead. Her father died a year previously, and the stepmother basically crawled into a bottle at that point. The stepmother is drinking up the social security payments and disability payments -- she was injured in the wreck that killed the dad. Stepmom pulled the 16 year out of school to "homeschool" her -- the girl's basically functioning as an unpaid nanny for her little brother. Schooling isn't happening at the moment, though she's dreaming of college ...

She's also working a full time job as a waitress because she's not seeing any of the social security money and, frankly, the bills go unpaid unless she pays them.

However, is this realistic? Are there any checks/balances to make sure the money's spent on the kids?

I needed to figure out a way to (a) make the girl very highly resentful of her stepmother, to the point of being openly defiant and oppositional, while still being a sympathetic character. And (b) she needs to be a Cinderella type character for the story to work -- living a very abusive life that she can't get out of easily; she could probably walk away and get emancipated, but that would leave her little brother in a bad situation. It's a paranormal YA romance.

Cyia · Feb 8, 2009

The child only gets social security so long as their guardian is receiving payments from the government because they have a condition making it impossible for them to work. If the parent to whom the payments is sent dies; the payments stop.

There wouldn't be any social security drawn if the surviving parent can work, and they make it almost impossible to keep any money.

When I turned 18 we got a letter staing something to the effect of "we understand that you may have saved some moneies for your child's college. At this time, return that money."

Beach Bunny · Feb 8, 2009

Cyia said:
When I turned 18 we got a letter staing something to the effect of "we understand that you may have saved some moneies for your child's college. At this time, return that money."

... Are you sure about that? Maybe they have changed the rules in the past four or five years.

Due to my disability, my son received Social Security benefits until he was 19. Every year, I had to fill out a form stating how I spent the money given to me by SSA. It had to be spent on him or put into a savings account for his use when he became an adult (which is why I question Cyia's experience.) When he was 18, the money went directly to him.

The same rules apply whether the child is receiving the money due to the parent's death or disability.

For story purposes, you could have the Trustee misusing the funds and lieing about it. That happens all the time.

Cyia · Feb 8, 2009

Yes, I'm sure. My dad drew social security, so I didn't have a disability myself. That may be the difference.

Leva · Feb 8, 2009

Cyia, the social security website pretty much clearly indicates that surviving children would have a death benefit. (And I've never, ever heard of them asking for social security back if it wasn't spent.)

Am mostly looking for info on the mechanics of how it works -- I need to make it plausible, because "money issues" will be a major conflict point in the story, particularly when the heroine starts skipping work in the course of the story in order to help the hero. She knows there should be enough money to cover gas/food/electric/etc. if her mother would only stop drinking up the checks ...

Cyia · Feb 8, 2009

A death benefit, yes. Usually a one time payment. My dad was on social security until he died. My mom got spousal support until I was 16 at which time her payments went to me. I aged out after I graduated high school. That's been a few years, so I couldn't tell you if they changed regs. At the time I graduated, they requested the return of any and all saved funds. Period. It's personal experience.

ETA: The reason I say the child wouldn't continue to receive benefits is because the surviving parent would be not disabled and therefore able to work. If the custodial parent is able to work then there's no need for social security.

emc07 · Feb 8, 2009

My father died when I was sixteen and I got SS checks until I was eighteen. My parents were divorced at the time of his death.

My mom may have controlled the funds since I had a checking account through her, but it does not have to be earmarked for anything, college etc. The checks were made out to me. So if your character has her own account then the step-mom doesn't have to be involved. However, It is hard to get a checking account without a parent or a job.

I spent mine on a car, cruise for my Sr. trip, some college... I also did not have to give any money back...

Beach Bunny · Feb 8, 2009

Cyia said:
A death benefit, yes. Usually a one time payment. My dad was on social security until he died. My mom got spousal support until I was 16 at which time her payments went to me. I aged out after I graduated high school. That's been a few years, so I couldn't tell you if they changed regs. At the time I graduated, they requested the return of any and all saved funds. Period. It's personal experience.

ETA: The reason I say the child wouldn't continue to receive benefits is because the surviving parent would be not disabled and therefore able to work. If the custodial parent is able to work then there's no need for social security.

This might be the difference. I was divorced. My son received benefits due to my disability.

The surviving spouse seems to be the difference here.

ETA: Based on experience, if you call SSA ten times you will get ten different answers. They don't understand the rules any better than those who receive benefits.

Cyia · Feb 8, 2009

emc07 -- you must have been getting a much larger payment than I did. We couldn't even afford air conditioning (Texas summers -- yowza) , much less a car or cruise.

FennelGiraffe · Feb 9, 2009

After my brother died his kids received Social Security until they graduated high school. Disability has nothing to do with it--that's a whole separate program. After their mom remarried, the money wasn't needed for living expenses, so she put it into their college savings. If there was any kind of follow-up to see how it was being used, I never heard about it. That's been quite a few years ago, though.

However, a friend of my daughter's, who just graduated high school last year, received Social Security when her mom died, too. I don't know many details about her situation, except that she turned 18 early in senior year, and from then until June, it was paid directly to her (not to her dad or whoever).

Leva · Feb 9, 2009

Ah, so the checks would be coming in her name, and the name of her little brother.

So I can see a race to the mailbox to see who could get the check first -- drunk stepmom or the girl. If she gets the check first, they live a lot better than if she's just trying to support them on her wages from the diner. I am assuming that if the girl went to a check cashing place with her drivers license they'd cash the check minus x percent, and not be too fussy about it -- particularly if they knew her circumstances. No bank account needed. Then buy money orders for what needs to be mailed away, and pay in person for everything else.

However, if mom doesn't get the check, she pawns or sells stuff from the house while the girl's at work, leading to even more resentment. (Mom would probably pull "disciplinary" stuff even though the girl's the main breadwinner, and excuse selling the girl's stuff as "punishment" for having a messy room or leaving something out. i.e., 'You left your iPod out on the table, so you don't deserve to have it. I sold it. Don't leave stuff out if you don't want me to get rid of it for you.')

-- Leva

RJK · Feb 9, 2009

When My father died, he left behind several children under 18. Social security sent my mother two checks. One for her as widow of, and one for the children of... Sometime during the first year the benefits began, a court appointed attorney came to the house and interviewed each of the children to insure that they were being cared for. There was no restriction on the money, My mother could pay utilities or mortgage, or groceries, or buy clothes for the kids, No one checked on how she spent the funds.

FennelGiraffe · Feb 9, 2009

Leva said:
Ah, so the checks would be coming in her name, and the name of her little brother.

If you're basing this on my comment above, I'm pretty sure the girl getting the checks directly was only for the months after her 18th birthday but before the end of the school year.

johnnysannie · Feb 9, 2009

Children get social security payments sent to the adult who has their care until they turn 18 years of age after the death of a parent; whether or not the other surviving parent can or does work has nothing to do with it in any way, shape, or form.

The checks are sent to the custodial adult marked "for the care of (name)" but to the person who has custody of the kid, be it mother, father, grandmother, aunt, whatever.

My source? My mother, a now retired Social Security employee as well as personal experience of several family members.

ideagirl · Feb 9, 2009

johnnysannie said:
Children get social security payments sent to the adult who has their care until they turn 18 years of age after the death of a parent; whether or not the other surviving parent can or does work has nothing to do with it in any way, shape, or form.

The checks are sent to the custodial adult marked "for the care of (name)" but to the person who has custody of the kid, be it mother, father, grandmother, aunt, whatever.

That makes sense. If a minor child's parent dies, somebody has to be named the legal guardian of that child. The legal guardian is who handles every formality a parent would normally handle--school registration, opening bank accounts, etc. You can't have a minor kid orphaned without a guardian being named, unless the kid is pretty old (15-16) and goes to court to become legally emancipated. But if there are two kids in the OP's story and one of them is still quite young, emancipating the older one doesn't seem like it would work for this story. Stick with the legal guardian and social security checks being sent to that guardian.

A. Hamilton · Feb 9, 2009

my daughter's dad died when she was a baby and I have received a monthly payment on her behalf for the last 15 years. every December they mail me an accountability survey asking how much I used towards her care and how much I saved for her future use. this money is not taxable.

since my mother passed when I was young, my dad also received social security survivor benefits for me. when I turned 18 it was to stop unless I was enrolled in so many units of further education. so the local community college created off season classes just for local students in this bind and I continued receiving these payments until I quit college.

emc07 · Feb 10, 2009

Cyia said:
emc07 -- you must have been getting a much larger payment than I did. We couldn't even afford air conditioning (Texas summers -- yowza) , much less a car or cruise.

I got about $900 a month. I bet it is hot as crap in Texas during the summer, you poor thing...

I'm not sure how the amount is determined?

johnnysannie · Feb 11, 2009

emc07 said:
I got about $900 a month. I bet it is hot as crap in Texas during the summer, you poor thing...

I'm not sure how the amount is determined?

Same as retirement benefits, I believe, based on what was paid into the system. There is a family maximum, however, for those with multiple kids.

Horserider · Feb 11, 2009

I can give you personal experience on this one. My dad died a couple years ago and I get money every month until I turn 18. I also get my inheritance when I turn 18 which is currently in a bank account growing larger.

PM me if you want more info.

katiemac · Feb 11, 2009

I can't help you with the money stuff, but what jumped out to me as unrealistic is waitressing full-time. As a minor (I guess depending on the state), she'd be hard-pressed to find someone who would hire her considering she should be in school and it's illegal to work X amount of hours as a minor. It makes more sense to me that she'd have a couple of side jobs, hiding each of them from her other employers, but that still causes problems during the day when she should be focusing on studies, and any manager knows that.

Question on Soc. Security and kids

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