Please correct me if I misstate anything.
I am a good Dad, divorced. The Mom won Plenary Guardianship of our 18 year old Down Syndrome child. The Mom has been purposely under-employed to skew the child support calculations in her favor. As the custodial parent, the Mom has been living off of the handicapped child's Child Support income.
Now that the child is 18, Social Security considers the child to be an adult and is receiving SSI. The SSI amount is very small because the child has too much income as follows: 1) SSI scores two thirds of the Child Support I pay the Mom as the Adult Child's income and 2) the Mom provides housing, utilities, transportation etc. without charge which becomes In-kind income to the adult child.
I assert that the Adult Child does not have too much income. The Mom is misusing the Adult Child's income (Child Support Money) and is not fulfilling her fiduciary obligation to maximize the Adult Child's SSI.
It appears SSI has controls to ensure the SSI benefits go directly the child (unlike Child Support which has no controls). After all that background, here are two questions:
Is there any case law that supports the argument that the Adult Child's best interest is served by : Requiring the Guardian to maximize the SSI benefits.
Is there any case law that supports the argument that the Adult Child's best interest is served by: Ending Child Support thereby curbing the misuse by the Mom and allowing more available SSI income to directly benefit the person to which it is intended for?
P.S. - I'm also starting a Guardianship thread about a Dad's rights to information about his Child when the Mom has Plenary Guardianship and Representative Payee status.
I am a good Dad, divorced. The Mom won Plenary Guardianship of our 18 year old Down Syndrome child. The Mom has been purposely under-employed to skew the child support calculations in her favor. As the custodial parent, the Mom has been living off of the handicapped child's Child Support income.
Now that the child is 18, Social Security considers the child to be an adult and is receiving SSI. The SSI amount is very small because the child has too much income as follows: 1) SSI scores two thirds of the Child Support I pay the Mom as the Adult Child's income and 2) the Mom provides housing, utilities, transportation etc. without charge which becomes In-kind income to the adult child.
I assert that the Adult Child does not have too much income. The Mom is misusing the Adult Child's income (Child Support Money) and is not fulfilling her fiduciary obligation to maximize the Adult Child's SSI.
It appears SSI has controls to ensure the SSI benefits go directly the child (unlike Child Support which has no controls). After all that background, here are two questions:
Is there any case law that supports the argument that the Adult Child's best interest is served by : Requiring the Guardian to maximize the SSI benefits.
Is there any case law that supports the argument that the Adult Child's best interest is served by: Ending Child Support thereby curbing the misuse by the Mom and allowing more available SSI income to directly benefit the person to which it is intended for?
P.S. - I'm also starting a Guardianship thread about a Dad's rights to information about his Child when the Mom has Plenary Guardianship and Representative Payee status.
Social Security Issues: End Child Support to Increase SSI Benefits to the Adult Child
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