Sep
26
2011
By pammysue15
My son died Mar 2011 he had one child by his wife, we have found out there my be another child by a woman he did not marry. Can this child draw Social Security, and will it reduce the amount his son is drawing now?
Survivor benefits when paternity is in doubt
This is a gray area, and outcomes may vary from state-to-state as laws regarding paternity determination vary.
See here for more information :
http://socialsecurityhop.com/en/handbook/04/0410-when-is-a-surviving-chi...
There is a so-called "Family Maximum" for benefits which may come into play if there are multiple surviving children. See here for details :
http://socialsecurityhop.com/en/handbook/07/0732-how-adjustment-for-fami...
survivors benefits
my husband passed away on sept 8...we applied for survivors benefits for me and two childen....I was told that we would receive somewhere in the neighborhood of $3000 a month for the three of us...Today i get a paper from the ss office saying my benefits would be somewhere near $1000 a month....is this right....for all three of us.....it only list me on the paper...doesn't mention his two dependent children???
Discrepancy in survivor benefits
I would contact Social Security regarding this as this could be an error.
I suggest trying the "Quick Calculator" here :
http://www.ssa.gov/oact/quickcalc/index.html
I entered a date of birth of 1965, and a salary of $60,000. This lead to the following survivor benefits :
Since you have three children, the total benefit should be at or near the "family maximum".
SS Benefits for Adopted Children
My 68 year old father is incarcerated. Prior to his incarceration, he adopted his wife's two minor children and then signed up so they could both draw his social security. They each get about $750 per month. He and his wife have now split up and he has no contact with her nor the children. Is it possible to stop the social security these kids are getting? Or, can he put the money in a trust so the girls receive it when they turn 18? Will all benefits cease when the kids turn 18? This young woman married my older father because he is financially generous. Now, she's left him high and dry while he's incarcerated and I don't think it's fair her two kids are receiving $1500 per month in social security when my mother, who was married to him for 38 years, only gets $600 per month. This does not make sense! Any insight you can provide is greatly appreciated. Thank you!
Social Security benefits for adopted children
This is a somewhat uncommon situation, and I would contact Social Security directly if you have concerns.
In general, benefits for children end after age 18 (or 19 if still in high school).
It sounds like your father is still legally married to the second wife. In this case, she may receive benefits if she is younger than 62, and if she is taking care of a child entitled on your father's record who younger than age 16 or disabled.
http://www.ssa.gov/pubs/10035.html#family
Within a family, each qualified child may receive a monthly payment up to one-half of your father's full retirement benefit amount. However, there is a limit to the amount the SSA can pay a family. The total depends on your father's benefit amount and the number of family members who also qualify on your record. The total varies, but generally the total amount for your father and his family can receive is about 150 to 180 percent of his full retirement benefit.
Note: This benefit for his new family will not affect the amount of benefits for your mother.
http://www.ssa.gov/retire2/yourchildren.htm