How can I sue my mother regarding taking my Social Security checks and spending the money?

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How can I sue my mother regarding taking my Social Security checks and spending the money?

I’m a minor and I get a Social Security check from my dad, but my mom gets the check sent directly to her account and does not give me any of my money. I graduate in 3 years and she has not saved any money for my college education or given me any of the money. How can I go about suing her?

Asked on August 16, 2011 Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your mother is most likely your current legal guardian. As your legal guardian, she has the right and ability to use monies received by you as a minor for your own benefit. Such benefits would include putting a roof over your head, food on the table, clothing and other necessities.

Whether or not she has saved the money from the social security checks sent to you as a minor for your college education is not the issue. The issue is what has she done with the checks? Have they been used to benefit you?

Minors cannot bring a lawsuit on their own. They need to have a guardian ad litem appointed for them to bring an action on their behalf.

If you have questions about your college fund and how your mother is using the social security checks that you receive as a minor as a result of your father's passing, you need to sit down and address your concerns. Maybe her answer will surprise you.

Goos luck.


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