My Mother claims my Youth Allowance? SOMEONE REPLY PLEASE!!!!!?

The question

I get Youth Allowance from the bank to my MOTHERS bank account, The money is supposed to be intended for my Youth and Schooling expenses or anything I may need while at school, The bank sent me a Letter because the holidays have just started (My banking details and what I SHOULD be getting from the bank to MY bank account..) It’s $ 212.70 Each fortnight (Every 2 weeks on Tuesday I should get this allowance) This is only because I am a Full-Time student NOW in 2012 and because I don’t work and I just do full time schooling the bank/government issues me fortnightly money)

My mother has been giving me $ 20 every Tuesday out of the money im supposed to get from the government.. I myself as a teenager turning 17, I haven’t got enough money to do anything, Even anything from school i need my mum claims i ‘Need to get a job’ And she doesn’t realise that now that ive got this bank statement that i should have got this money for myself, I don’t know what to do?

Don’t get me incorrect, My mum is a wonderful person but she’s basically stealing from me while im going to school working my ass off and the money the government are giving to me while my mum takes $ 180+ from my Youth Allowance.. Place it this way, If i wasn’t alive, she would NOT be receiving that allowance for herself? So it is for me? i get not even 2% of what she gets.. i feel like dropping out of school just to teach her a lesson, This money is mine is it not?

Please somebody tell me if Youth Allowance, VICTORIA, AUSTRALIA.. Teenage Youth Allowance Full time student. IS THIS MONEY MINE TO BUY WHAT I NEED OR IS IT MY MOTHERS TO BUY THE WINE AND SMOKES SHE WANTS?

P.S, My Papers say this.. exact words.. Only ‘your’ most recent (up to regular payments are shown. This is the net amount ‘you’ would have received into ‘your’ bank account. It may also include arrears payments and other allowances and supplements ‘you’ may be in-titled to (Meaning what im getting is mine in the first place) if these were paid to ‘you’ seperatley from ‘your’ income support payment. We have not shown blah blah blah.

DOES THIS MEAN MY MUM IS RIPPING ME OFF MY MONEY? This happened to my older brother when he turned 16, He told my mum that it was his money and not her’s and she got mad and said it’s for his schooling blah blah blah, But that $ 212.70 for 6 months, HAS NEVER EVER gone towards clothes? Schooling equipment? nothing.. I’m at the moment in need of a job cause I got no money. PLEASE SOMEONE REPLY!

Best answers:

Yes it does tell her to please stop taking it all and give you all of it. If she refuses go to the bank and tell her that she is taking YOUR money that the government gives to YOU. If that does not work to even a step up a make a case about it in court or something. What she is doing is pretty much saying,”I’m jealous that my son gets higher income than me so I’m gonna be a ***** about it and steal most of his money so he can’t support himself and have to rely on my poor ***.

ive never heard of such a thing it sounds fascinating but you should probably get a job or tell your mom that youre going to sue her when your ancient enogh to i would sue sombody if they where stelling my money but seriously go get a job i want to work but i only 15

Hi Jake
Not sure what the law is in Australia. Being u r 17 and all. I don’t know y it goes into ur mom’s account.
My suggestion is contact the Youth Aloowance and find out if the funds can be transfered into an account for u and u alone. If u must be 18 question if it can be done in trust fund.
Of course u r living with her and there are expenses such as room, board and utilities. Still as a parent she should be providing that for u regardless.
$ 20 isn’t very much at all. I would sit her down try in an adult fashion explaining ur needs + how clothing school supplies etc. Are necessities for u. Not her habits for u to support. That is what the youth allowance is for and if she doesn’t comply speak to someone at The Youth Allowance office that can advise on what can be done without u losing ur allowance. If they have website find out all u can to help ur cause.
If all else fails get a job + become ur own man Hold onto the bank statement. That is ur proof as what is rightfully yours. When u r of age present it to her and request ur money. If she doesn’t comply then. Take her butt to court. Seems extreme but may be a last resort.
Best of luck to u. Pleased 2012!

Until you are over 18 and living outside of your parents home – they have the right to keep any or all of this money. It is not for you to go out – its to pay your part of the electricity bill, food bill, petrol bill to get you to and from school – pay the school fees (event government schools have fees to be paid now). If you go out of home – then you should get all of this into your own bank account but you need your parents permission at present to get your own account. She is not ripping you off – she just feels that you would not spend this money how the government intents – but spend it going out to the movies, with friends, buying stuff that is not school uniform based.

By paying your part of your living costs (which is what this is for) it means that your mother has a small more disposable income to buy her “smokes”. It does not mean that is what the money is used for – redistribution of funds thats all.

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We are trying to choose whether to file Chapter 7 or 13 for our situation?

The question

We have a very small income as my husband is still looking for full time work. Right now (and for the past several years) we have lived on a part time income. We have lots of debt (mostly from private student loans) as I am still a student.
We know we need to do something to have a fresh start.. we are thinking of filing bankruptcy but don’t know what chapter would be best for us.
Here are my questions:
1) We each have a private student loan through Citizens Bank for around $ 25,000 from a couple years ago. They won’t work with us on payment plans or anything so therefore our debt is left out there ruining our credit. Can we file Chapter 7 or 13 on this debt?
2) I filed a Chapter 7 in 2005 and it was discharged the same year.. can I refile in 2012 for chapter 7 or 13?
3) We have an ancient landlord who just recently place a levy on our Chase bank account – he is an individual who has refused to work with us on paying him back. Can we get our account back from levied status?
4) My husband has a personal loan through Citifinancial for around $ 16,000 – even though it is not a car loan- we have our vehicle attached for collateral. Can this be taken in Chapter 7 or 13?

Best answers:

Wow, I feel for you, i have filed 7 twice.
I would recommend that you really default on all your debt now and use that money
for an attorney.
That is how I always did it.
Let the bills pile up and get money in your hands
casue yours seems very complicated though it
appears to my like a 7.
excellent luck!
and remember there is no such thing as a debter prison anymore.
you can not go to jail for defaulting.

CAVEAT: I am not a lawyer

I believe student loans cannot be discharged except in extreme conditions. Confirm with a bankruptcy lawyer.

Bankruptcy protection FREEZES (does not eliminate) all collection activity until the bankruptcy judge decides what happens with the moneys.

Student debt cannot be discharged so you’re stuck with the bulk of your debt. And typically $ 16,000 may not be enough to declare bankruptcy, but you’re better off discussing that with a lawyer. Quick question, what were the degrees that those expensive student loans achieved? Can’t you get employment in your field of studies? If not, be more careful in the field you get your next education in so you can earn a decent living.

The main difference between Chapter 7 and Chapter 13 is that in a Chapter 7 proceeding, your non-exempt assets are liquidated to pay off your debts whereas in a Chapter 13 you pay off your debts according to a court approved payment plot spread over three years but you can retain all your assets including your car and house. When you file a Chapter 7 or a Chapter 13 petition, an automatic stay will come into operation. If you file for bankruptcy before the levy becomes effective, it will prevent the levy. If the levy is already effective, the any amount which the Sheriff has not yet turned over to the creditor must be turned over to the trustee. If the amount levied is within your exemption limit, they will be returned to you. You cannot get a Chapter 7 discharge if you received a previous Chapter 7 discharge less than 8 years ago. Generally student loan debts cannot be included in a Chapter 7 bankruptcy unless you can prove/show that payment of the debt will cause undue hardship to you and your family. You can but include your student loan debts in your Chapter 13 payment plot.

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Comments

crbesq says:

February 9, 2012 at 8:39 pm

1) The student loan is not dischargeable, but can be paid in a Chapter 13.

2) You cannot receive a Chapter 7 discharge until 8 years have passed since the filing of your prior case. You shouldn’t have any problems in a Chapter 13, though.

3) Yes.

4) If Citifinancial has a lien, they can take the car if the lien is not dealt with. It might not need to be paid in full, though. Consult an attorney.

Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to meet with one and get advice based on all of the details of your particular situation. You can find a referral at NACBA.org (National Friendship of Consumer Bankruptcy Attorneys).

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