Luki

A few years back my father got sick and can no longer work. He gets Social Security for that. Well, because of that he could not pay child support. So, Social Security took care of that.

Every month until we graduate my little brother and I are to get $233. When I turned 18(March 2003) checks stopped coming in my name. My brother's benefits doubled. From that point on my mom stated that this money was for our well being and that it was just a fluke that it changed as it did.

Last year, as a full time highschool student I moved to NC about a thousand miles from her and recieved nothing of it. Nothing. I was living in a rented trailor that was falling apart, literally, one wall was falling in.

While I was living there my mother took the opertunity to collect this money and use it to buy herself several hundred dolars worth of personal things for herself and my little sister(not my fathers, not that I'm complaining about her).

When I returned I found that I was to recieve $233 a month after my 18th birthday until the day I graduate from highschool. But due to the system fluke if I file these forms it will cause my mother to pay back almost $4,000. But if I do not file then this problem will continue to occure and when my little brother moves out she will be forced to pay back so much more.

She has threatened, if I file for this money, she will sue me over it. She will sue me for all the money she will be forced to pay back. I don't want her to sue me but unless someone does something she will pay back more, and I am in need of a vehicle and this would be a great start/down payment.

Would it be worth filing for this money? Even if it risks my relationship with my mother? Do I have a right to claim it?

What are some thoughts as to the issue. I know she is my mother but I also know that that money is mine and she is taking it for her own personal use. This summer she is putting in an $800 privacy fence and I'm stuck with two year old shoes that have holes in them because she can't afford to take me clothes shopping.

When I think about it I am more inclined to file for this and then speak to a lawyer. I doutb she'll sue, but it's a possibilty.

Help

__________________
Your part is silent you little toad - a line from the new phantom of the opera

Peetster

Nice Mom. Do yourself a favor and distance yourself from her before you wind up appearing on "The Jerry Springer Show".

Consider the money lost. Get a job. Work hard. Earn a reputation. Consider this your first expensive lesson in the school of hard knocks.

Bobaphat

Thats not a fun situation to be in. First, I would say, don't worry about her suing, because she has nothing to sue you over. She is the one in the wrong by taking money that is not intended to go to her. Maybe you could file the papers and take the money and give it back to her?

__________________
--size matters not-- yoda

Hurricane1

Luki, what a terrible situation. It doesn't sound as if your mother has had your best interests in mind. I agree with Bobaphat that it doesn't sound as if she had any legal claim on that money to sue you over... You just have ask yourself if this is the fight you want to fight. Only you can answer that.

lordjeebus

Perhaps you could reach some sort of "agreement" a la

"Hi Mom. You know that I could cost you $4000 by filing these forms, and your chances of winning a lawsuit are slim to none. But I don't want to waste my money on a lawyer, and neither do you. Give me a couple thousand dollars and I'll forget the whole thing."

If she knows what's good for her she'll take it, and it'll save you both the time and cost of lawyers.

Luki

This would be wonderful, except I'm certain she wouldn't go for it. She feels that it's rightfully hers and to give me a couple thousand she would refuse. Claming she spent more then a couple thousand in "raising" me(long story), and she's pulled that line before.

The more I think about it, I realize that her claim has so little support that no lawyer in their right mind would take her case, that and she's exhasted her chances of a lawyer and is still paying for it.

So no chance of the suing.

And it may be possible to simply report this fluke so that she doesn't recieve it anymore and a few months from now file for it, so no hard feelings from her and possibly more privacy on it.

__________________
Your part is silent you little toad - a line from the new phantom of the opera

taylorspl

I vote for going and filing the papers she is abusing the system that I help pay for, you actually need the money; she is an adult.

dylanmarsh

File the papers and get your money. She obviously decided to put herself before you and you should do the same to her. If you need necessities like shoes and shelter, get the money that is rightfully owed to you.

Also, do some research as to what your rights are on the state level before undertaking this task. If you can't find anything on your state's legislative website, then contact the Social Security Administration nearest to you.