Sep
24
2010
By Guest (not verified)
My ex-boyfriend has been maried 9yrs, ago. He's separate for about 6yrs,but he never get divorce. We were living together for 3yrs. where we have a baby. In his job he put as a beneficiary our son,but if something happen to him, the benefits goes to his wife or to our son?
Survivor benefits for child
Your son likely will qualify for survivor benefits based on the father's work record. Note, however, you will need proof (birth certificate or DNA test) that he is the father.
Relevant quote and link :
A deceased worker's unmarried children who are younger than age 18 (or up to age 19 if they are attending elementary or secondary school full time) also can receive benefits. Children can get benefits at any age if they were disabled before age 22 and remain disabled.
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/185/
To be entitled to child's insurance benefits on the earnings record of a worker under section 202(d) of the Act, a claimant must prove, among other things, that he or she is the worker's child. A claimant may prove that he or she is the child of the worker in any of the following four ways:
http://www.ssa.gov/OP_Home/rulings/oasi/09/SSR2006-02-oasi-09.html