What can be done if a child in the custody of their mother is not using disability for the child? How? 7 Answers as of June 17, 2015

A mother is using child's disability check for personal use and not for child. The mother has not had the child in her custody for over 2 months. The father (who is not genetically true father), has raised the child since she was born. What can be done?

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Law Office of Martin A. Kahan | Martin A. Kahan
You should contact the agency providing the payments and explain the situation.
Answer Applies to: California
Replied: 6/17/2015
Provda Law Firm
Provda Law Firm | Bruce Provda
A complaint can be filed with Social Security if the child is on SSI. If the child is on state disability then a complaint can be filed with the state agency overseeing the funds.
Answer Applies to: New York
Replied: 6/16/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: retain an experienced family law attorney to advise and represent you. Generally, courts have ruled that the payor parent may not inquire too closely into how the payee parent uses the money: it's understood that it will be used for general household expenses. If the mother has relinquished custody of the child to another person, you might have a basis for going into court and modifying the current placement arrangements.
Answer Applies to: Wisconsin
Replied: 6/16/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
File a motion for guardianship.
Answer Applies to: Wisconsin
Replied: 6/16/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
There's not enough information. Who pays the disability checks and what are their purpose?
Answer Applies to: California
Replied: 6/16/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If the father has a legal right to have the child live with him by way of a court order, than he should be the payee for disability. If this is a private arrangement, it is not legal and the father should go to court to get appropriate custody including an order to be the payee for the child's disability payment.
    Answer Applies to: Washington
    Replied: 6/16/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    I'm not sure what you are referring to when you say "personal use " by mom of disability money. Spending financial resources on food housing maintenance etc. qualifies for proper use of monies for the child. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 6/16/2015
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