It truly should not make a difference, as it is the son who has the right to receive the SSI benefit. As to whose name is on the check for this benefit, it will probably continue to be paid to whomever the check is presently made payable to on behalf of your son. The fact that you share joint legal and joint physical custody is not that relevant if the question pertains to who should be named as payee on the check for the child's benefit, unless each has actual overnight parenting time amounting to 182.5 overnights per year. Generally that is not the case, and there may be a designation of one parent's residence being the primary residence for the children. If that is the case, the occupant of the primary residence of the children, in my opinion, would and should be the party designated as the payee on behalf of the child. You may want to contact your local Social Security office to inquire, if the above does not address the correct issue. Good luck.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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