Social Security benefits for minor child when divorced father files - what about the ex-spouse?

You're asking about several different benefits here, so let me break it down: 1. Yes, your 14-year-old son can receive child's benefits based on your ex-husband's record when he files for retirement. These benefits can be up to 50% of your ex's Primary Insurance Amount (PIA). 2. As for you, there's good news - you may qualify for mother's benefits (officially called mother's or father's insurance benefits) since you're caring for a child under 16. This is different from divorced spouse benefits, which you'd only qualify for at age 62. 3. You need to apply separately for both benefits - they don't happen automatically even if your ex files. Make sure to contact SSA directly with your son's and your own Social Security numbers, your marriage and divorce certificates, and your son's birth certificate when applying.

my sister went thru this last yr. theyll make u prove the kid is his and that ur actually divorced. bring ALL paperwork!!!

When I applied for my daughter's benefits, I waited on hold with SSA for THREE DAYS before giving up. Kept getting disconnected or told to call back. Their phone system is a NIGHTMARE and all the offices near me are appointment only with months-long waits. How is anyone supposed to get help??

To add some important details to what's already been shared: 1. The benefit you're referring to is technically called "Mother's or Father's Benefits" but you'll often hear SSA representatives call it a "mother's benefit" or "parent's benefit." 2. You can receive this benefit regardless of your age if you're caring for your ex-husband's child who is under 16 AND receiving child's benefits on your ex's record. 3. Your benefit would be up to 50% of your ex-husband's PIA, but the Family Maximum benefit rules may reduce what you and your son actually receive. 4. You do NOT need your ex-husband's cooperation. SSA can process your claim without him being involved, as long as you have documentation proving your marriage length, divorce, and your child's relationship to the wage earner. 5. These benefits will end when your son turns 16, unless he is disabled. I recommend applying as soon as your ex files for his benefits - your applications should be timed to coincide.

MY EX TRIED TO BLOCK MY SON FROM GETTING BENEFITS!! He told SSA we weren't actually divorced (we were) and that my son wasn't his (he is). They made me send in extra paperwork and delayed everything by MONTHS. Be prepared for games if your ex is difficult!!

wait does this mean the ex husband gets less SS money if the kid and mom get some too???

Thank you all for the helpful information! I just called my local SSA office and they said I need to bring our divorce decree, my son's birth certificate, and proof that he lives with me full-time. They also said I should wait until my ex actually files before I submit our applications. I'm still nervous about the whole process but feel much better knowing what to expect.

Just want to add something important that hasn't been mentioned yet - make sure you understand the timing of when benefits start. Your son's child benefits and your mother's benefits will typically begin the month after your ex-husband files for his retirement benefits, not retroactively. So if he files in April, the first payments would be for May. Also, keep in mind that if your income is high enough, you might have to pay taxes on these Social Security benefits. The SSA will send you a 1099 form at the end of the year showing what you received. It's worth consulting with a tax professional if you're not sure how this will affect your tax situation.

Hello, sorry to hijack your feed, a lot of good questions and answers on the thread, thought I would try my question here. My ex filed for Social Security for herself and my minor son at the time, she didn't tell neither of us, we found out 2 years later. When she was collecting benefits for my son, she lived in a different state, and I have full custody of him during that time and currently. I read on the SSA webs-site that the I would have been the representative payee considering I am his biologic father and he lived with me full time. I would be the one who provides the well-being to the beneficiaries. I don't know what she told SSA about me and/or if my son lived with her in another state. Do I have any recourse? Even my son who is now an adult doesn't think that this was right. She gets the money for his well-being, doesn't pay anything for his well-being and I am the one who supported hm in every way including financially. FYI- I had no idea about the mothers/father/parent benefits otherwise, I would have applied if I knew.

This sounds like a very frustrating situation, and I'm sorry you're dealing with this. You may have several options here: 1. **Representative Payee Issues**: If your son was living with you full-time and you had legal custody, you should have been designated as his representative payee. The SSA requires that benefits be used for the child's current needs, and the person receiving the payments should be the one actually caring for the child. 2. **Potential Overpayment/Fraud**: If your ex-wife misrepresented your son's living situation to receive benefits, this could constitute fraud. The SSA takes this seriously, especially if she claimed he lived with her when he actually lived with you. 3. **What You Can Do**: Contact the SSA immediately to report this situation. Bring documentation of your custody arrangement and proof that your son lived with you during the benefit period. The SSA can investigate and potentially recover improperly paid benefits. 4. **Your Own Benefits**: Since you were the custodial parent, you likely missed out on father's benefits you were entitled to receive. While there are time limits on retroactive claims, given the fraudulent circumstances, you should definitely ask about this. Document everything and consider consulting with a Social Security attorney who can help navigate this complex situation. The SSA has procedures for handling cases like this, but you'll need to be persistent in pursuing it.