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Can I sue my grandma in family court ?

Flushing, NY |

About 6 months ago my gma kicked me out before I turned 18 years old . Before that all my ssi checks was coming in her name and she was never giving me any money to support myself . To buy myself clothes etc .. I came to NYC from Michigan in 2008 . And my money was assigned to her ever since . Now my aunt who lives with my gma told me I got my taxes in the mail and my health plus card to go to the doctor . Now she's saying she won't give me my mail . Idk what to do , she's thrown me out in the streets and I feel like she's been taken my money for years . Now the money is in my name . Idk what to do . I have no address , no money , and no home but I do go to school . Please someone help me !

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Attorney answers 3

Posted

You will not be able to sue your grandmother for the money that she received on your behalf. Even though that money was meant for your support, no one monitors what that money is truly spent on and so it can be spent for the mortgage, rent, groceries, etc. You can go to the post office and have your mail forwarded to a new address or post office box. You can also notify SSI that you have relocated. I assume that your SSI checks ended at the age of 18, so you should no longer be receiving them. Where are your parents and how did your grandmother get custody?

Asker

Posted

My mom dies and I still get the checks because I'm still in school. And what about her kicking me out ? My adoptive dad is in Michigan I left him to come over here..

Maria C. Tebano

Maria C. Tebano

Posted

If she doesn't have custody of you, she has no obligation to let you live in her home. Its really sad to hear that your grandmother threw you out. Any chance you can talk to her? Are you in HS or college?

Asker

Posted

No I don't want to talk to her . She was really messed up to me . High school

Maria C. Tebano

Maria C. Tebano

Posted

What about going back to Michigan? There isn't much you can do about what your grandmother did to you. You seem to have been through alot.

Posted

Definitely notify SSI that you have a new address. If your aunt is withholding your mail, you can report her for mail theft:

https://postalinspectors.uspis.gov/forms/mlntrcvd.aspx

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Posted

Family Court is a court of narrowly limited jurisdiction although sometimes it seems it creeps into our lives in all instances.

There is no petition you can file to "sue" your grandmother. You are not providing enough information as to whether she is your 'adoptive parent' via Article 10 proceeding for which she would be liable to you for support until you are 21 years of age. You do not tell us if she is your guardian although I gather that from your factual assertions. As a guardian, she is not obligated to pay you support as the government supports you with taxpayer funds.

However, having no duty to support you other than as perhaps your guardian, you could file a Guardian petition to vacate her order of guardianship. This would render an order you could take to your SSI administrator to shut off the flow of money to her. First, you have to check if there ever was a G-Petition filed in family court for her, and then use that file number to petition to vacate.

I cannot offer too many other suggestions as I do not know your case. Being 'kicked' out could be a ruse to give the appearance of emancipation but I am not certain so I cannot provide more information.

Good luck.

Mary Katherine Brown

Mary Katherine Brown

Posted

Excellent answer! A trip to the Family Court might produce some assistance filing the appropriate petitions. Of course, it might not, but it is probably worth a try. Good luck!

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