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Fatima Al-Sayed

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

I'm so confused about how Social Security benefits work in my situation. My ex-husband is turning 65 next month and plans to file for his retirement benefits. We've been divorced for 8 years (after 12 years of marriage). We have a son who's 14 and lives with me full-time. I know our son is eligible for some kind of child benefit when his dad files, but what about me? Am I eligible for anything as the ex-spouse who's raising our child? I'm only 52, so I know I'm not at retirement age, but I've heard there might be something called a mother's benefit? The SSA website is so confusing on this. Has anyone been through this situation before?

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.

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Thank you so much! That's really helpful. Do you know if I need my ex-husband's cooperation to apply for these benefits? We don't really communicate well, and I'm worried he might not want to provide information for my benefit application.

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

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Thanks for the heads up! Did your sister have to coordinate with her ex at all, or could she handle everything on her own?

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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??

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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.

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This is incredibly helpful information. I'm relieved to hear I don't need his cooperation. One more question if you don't mind - will these benefits affect any Social Security I might get on my own record when I reach retirement age?

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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!!

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That's awful but unfortunately not uncommon. The SSA has processes to handle disputed claims though. They can verify marriage/divorce through their systems in most cases, and paternity can be established through birth certificates listing the father or court orders for child support. Did everything work out for your son's benefits eventually?

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

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Great question. No, the ex-husband's own benefit amount doesn't get reduced. The child's and mother's benefits are additional payments based on his earning record, but they don't take away from what he receives. However, there is something called the Family Maximum Benefit (FMB) that might limit the total amount paid to all beneficiaries on one person's record, but that only affects how the auxiliary benefits are distributed, not the primary earner's amount.

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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.

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You're taking all the right steps! One more tip: when you go to your appointment, ask for a receipt or some documentation showing you've applied. This helps protect your filing date, which can be important for back benefits if there are any processing delays. Good luck!

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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.

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This is really important information about the timing and tax implications! I hadn't even thought about the tax side of things. Since I work part-time and don't make a lot, I'm hoping the tax impact won't be too significant, but I'll definitely keep records of everything. Do you know if there's a specific income threshold where Social Security benefits become taxable, or does it depend on your total income situation?

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The Social Security tax thresholds are pretty straightforward - if you're single, you'll start paying taxes on your SS benefits when your combined income (adjusted gross income + nontaxable interest + half of your SS benefits) exceeds $25,000. For married filing jointly, it's $32,000. Since you mentioned working part-time, you'll likely stay under that threshold, but it's good to track everything just in case. The IRS Publication 915 has all the details if you want to dive deeper into the calculations.

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The Social Security benefits become taxable when your "combined income" exceeds certain thresholds. For 2024, if you're single and your combined income is between $25,000-$34,000, up to 50% of your SS benefits may be taxable. Above $34,000, up to 85% may be taxable. Combined income = your adjusted gross income + nontaxable interest + half of your SS benefits. Since you mentioned working part-time, you'll likely stay under these thresholds, but it's definitely smart to keep good records just in case!

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@Emily Sanjay For Social Security benefits to be taxable, you need to look at your combined "income which" is your adjusted gross income plus nontaxable interest plus half of your Social Security benefits. If you re'filing as single and your combined income is between $25,000-$34,000, up to 50% of your benefits may be taxable. Above $34,000, up to 85% may be taxable. For married filing jointly, the thresholds are $32,000-$44,000 50% (and) above $44,000 85% (.)Since you mentioned working part-time, you ll'probably fall below these thresholds, but it s'still good to keep track of everything just in case.

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The tax thresholds for Social Security benefits are based on your "combined income" (your adjusted gross income + nontaxable interest + half of your Social Security benefits). For 2024, if you're filing as single and your combined income is between $25,000-$34,000, up to 50% of your benefits may be taxable. If it's over $34,000, up to 85% may be taxable. Since you mentioned working part-time with lower income, you might fall below these thresholds entirely and owe no taxes on the benefits. The IRS has a worksheet in Publication 915 that walks you through the calculation if you want to estimate it ahead of time.

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For 2024, Social Security benefits start becoming taxable when your "combined income" (adjusted gross income + nontaxable interest + half of your Social Security benefits) exceeds $25,000 for single filers or $32,000 for married filing jointly. At those thresholds, up to 50% of your benefits may be taxable. If your combined income exceeds $34,000 (single) or $44,000 (married), up to 85% of benefits could be taxable. Since you mentioned working part-time, you'll likely stay under these thresholds, but it's good to be aware of them!

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The Social Security benefit taxation thresholds are based on your "combined income" (adjusted gross income + nontaxable interest + half of your Social Security benefits). For single filers, benefits become taxable when combined income exceeds $25,000, and up to 85% of benefits can be taxable if combined income exceeds $34,000. Since you mentioned working part-time, you'll likely fall into the lower brackets, but it's still good to plan ahead. The SSA has a worksheet in Publication 915 that can help you estimate this, or you can use their online calculator on ssa.gov.

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For 2024, Social Security benefits become taxable when your "combined income" (adjusted gross income + nontaxable interest + half of your Social Security benefits) exceeds $25,000 for single filers or $32,000 for married filing jointly. Since you mentioned working part-time, you'll likely want to calculate this once you start receiving benefits. The IRS Publication 915 has worksheets to help figure this out, or any tax software should handle it automatically. Keep all your Social Security statements - they'll be crucial come tax time!

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The tax thresholds for Social Security benefits are relatively low. If you're filing as single, your benefits start becoming taxable when your "combined income" (which includes your adjusted gross income, any nontaxable interest, plus half of your Social Security benefits) exceeds $25,000. For married filing jointly, it's $32,000. At those levels, up to 50% of your benefits could be taxable. If your combined income exceeds $34,000 (single) or $44,000 (married filing jointly), up to 85% of your benefits could be taxable. Since you mentioned working part-time, you'll probably want to calculate this carefully once you start receiving benefits.

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For 2024, Social Security benefits become taxable when your "combined income" (adjusted gross income + nontaxable interest + half of your SS benefits) exceeds $25,000 for single filers or $32,000 for married filing jointly. If you're between those thresholds and $34,000 (single) or $44,000 (married), up to 50% of your benefits may be taxable. Above those amounts, up to 85% could be taxable. Since you mentioned working part-time, you'll likely stay under the threshold, but it's definitely smart to keep good records just in case!

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For Social Security benefits to be taxable, it depends on your "combined income" which is your adjusted gross income plus any nontaxable interest plus half of your Social Security benefits. If you're single and your combined income is between $25,000-$34,000, up to 50% of your benefits may be taxable. Above $34,000, up to 85% may be taxable. Since you mentioned working part-time, you'll likely fall into a lower bracket, but definitely keep good records like you said. The benefits for both you and your son will be reported on separate 1099-SSA forms, so make sure to account for both when doing your taxes.

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@fa0691986852 The Social Security tax thresholds are pretty straightforward. For individual filers, if your combined income (adjusted gross income + nontaxable interest + half of your Social Security benefits) is between $25,000 and $34,000, up to 50% of your benefits may be taxable. If it's over $34,000, up to 85% may be taxable. For married filing jointly, the thresholds are $32,000 and $44,000. Since you mentioned working part-time with lower income, you might fall below the $25,000 threshold and owe no taxes on the benefits at all. The IRS has a worksheet in Publication 915 that helps you calculate this exactly.

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The tax thresholds for Social Security benefits are relatively low. For 2024, if you're filing as single and your combined income (adjusted gross income + nontaxable interest + half of your Social Security benefits) is between $25,000-$34,000, up to 50% of your benefits may be taxable. Above $34,000, up to 85% could be taxable. Since you mentioned working part-time, you'll want to add up your work income, any other income, plus half of what you expect to receive in Social Security benefits to see where you fall. The good news is that even if some benefits are taxable, it doesn't mean you'll owe a lot - it just gets included in your regular tax calculation.

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@Emily Sanjay The tax thresholds for Social Security benefits are pretty low unfortunately. If you're single and your combined income (adjusted gross income + nontaxable interest + half of your SS benefits) is over $25,000, then up to 50% of your benefits become taxable. If it's over $34,000, up to 85% can be taxable. For married filing jointly, the thresholds are $32,000 and $44,000. Since you mentioned working part-time, you'll want to add up your wages, any other income, plus half of what you expect to receive in SS benefits to see where you fall. Even if some becomes taxable, you're still getting money you wouldn't have otherwise!

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The Social Security benefits become taxable when your "combined income" exceeds certain thresholds. Combined income = your adjusted gross income + nontaxable interest + half of your Social Security benefits. For single filers, if your combined income is between $25,000-$34,000, up to 50% of your SS benefits may be taxable. Above $34,000, up to 85% may be taxable. Since you mentioned working part-time, you'll likely fall into the lower range or possibly below the threshold entirely. Keep all your documentation - the SSA will send you Form SSA-1099 showing your total benefits received for the year.

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For Social Security benefits taxation, it depends on your "combined income" which includes your adjusted gross income, nontaxable interest, and half of your Social Security benefits. If you're single and your combined income is between $25,000-$34,000, up to 50% of your benefits may be taxable. Above $34,000, up to 85% may be taxable. Since you mentioned working part-time with lower income, you might fall below these thresholds and owe little to no tax on the benefits. But definitely keep good records like you said - the SSA sends Form SSA-1099 each January showing your total benefits received.

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DT JR

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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.

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I've been following this conversation and there's so much valuable information here! As someone who works with families navigating government benefits, I wanted to add a few practical tips that might help everyone: 1. **Create a benefits timeline**: Write down key dates - when your ex plans to file, when you plan to apply, and when benefits should start. This helps you track if there are any delays. 2. **Know your local SSA office policies**: Some offices allow walk-ins for certain issues, others are strictly appointment-only. Call ahead to understand their current procedures. 3. **Consider applying online first**: For some benefit types, you can start the application process online at ssa.gov, which can save time and create an initial record of your filing date. 4. **Prepare for the "family maximum" conversation**: If you're getting both mother's and child benefits, the total family benefits might hit the maximum allowed on your ex's record. Understanding this upfront prevents surprises. For DT JR and others dealing with past issues - definitely pursue it. The SSA has fraud investigators specifically for these situations, and they can order benefit recalculations and recovery when appropriate. Don't let anyone tell you it's "too late" without getting a definitive answer from SSA directly. This thread shows how complex these situations can be, but also how much community knowledge can help navigate them!

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This is such a comprehensive and helpful summary, Emma! I'm really grateful for all the practical advice you've shared. The idea of creating a benefits timeline is brilliant - I can see how that would help keep everything organized and make it easier to spot if something goes wrong with the timing. I'm particularly interested in your mention of starting the application online. I had assumed I would need to do everything in person at the SSA office, but being able to begin the process online sounds much more convenient. Do you know if there are any limitations to what can be done online versus what requires an in-person visit? Also, your point about the family maximum is something I hadn't really understood before reading this thread. It sounds like even if my son and I are both entitled to benefits, we might not get the full 50% each due to this cap. Is there a way to estimate ahead of time what the actual benefit amounts might be, or do you just have to wait and see what SSA calculates? Thank you again for sharing your expertise - this conversation has been incredibly educational for someone new to navigating the Social Security system!

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Great questions, Grace! Let me help clarify those points: **Online Applications**: You can start applications for retirement, disability, and spouse benefits online, but for more complex situations like mother's benefits or child benefits, you'll likely need to call or visit an office to complete the process. The online application can still be helpful to get your basic information in the system and establish a filing date, even if you need to finish by phone or in person. **Family Maximum Estimation**: The family maximum is typically 150-180% of the primary beneficiary's PIA (Primary Insurance Amount), but it varies based on the benefit formula. You can get a rough estimate by creating an account at ssa.gov and using their benefit calculators, though they don't always show family max impacts clearly. When you apply, SSA will calculate the exact amounts and explain how the family maximum affects your specific situation. One tip: if you're close to the family maximum with mother's and child benefits, sometimes it's worth asking SSA about timing strategies - like whether delaying one application slightly might result in higher total family benefits. The SSA representatives should walk you through all the calculations during your application process, so don't hesitate to ask them to explain how they arrived at the benefit amounts!

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Great questions, Grace! Regarding online applications, you can typically start applications for retirement, disability, and some auxiliary benefits online, but mother's/father's benefits for divorced spouses often require additional documentation that may need in-person verification. The online system will usually tell you if you need to complete the process by phone or in person. For estimating benefit amounts with the family maximum, you can use the SSA's benefit calculators on their website, but they don't always factor in the family max clearly. A rough rule of thumb is that the family maximum is typically 150-180% of the primary worker's benefit amount. So if your ex's benefit is $2000/month, the total family benefits might be capped around $3000-3600, which would be split between all eligible family members. I'd also suggest calling SSA and asking for a benefit estimate once your ex files - they can give you specific numbers for your situation. And don't forget to ask about the potential for retroactive benefits if there are any delays in processing your applications!

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Great questions, Grace! Regarding online applications, you can typically start applications for retirement, disability, and spouse benefits online, but auxiliary benefits like mother's/father's benefits and child benefits often require additional documentation that may need in-person verification. However, starting online still creates that important filing date record that Emma mentioned. For estimating family maximum benefits, you can request a Social Security Statement online at ssa.gov which shows your ex's estimated benefits. The family maximum is usually 150-180% of the primary insurance amount (PIA), but the actual calculation can be complex. SSA can provide estimates during the application process, but you're right that the final amounts depend on their calculations. One tip I'd add: if you're concerned about hitting the family maximum, ask the SSA representative to explain how it would affect your specific situation. Sometimes timing when different family members apply can make a difference in the total benefits received over time.

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Great questions, Grace! For online applications, you can typically start applications for retirement, disability, and some auxiliary benefits (like child benefits) online, but mother's/father's benefits often require additional documentation that may need in-person or phone follow-up. The online application creates your filing date and gets the process started, then SSA will contact you about next steps. Regarding the family maximum - it typically ranges from 150% to 188% of the primary earner's benefit amount. So if your ex's benefit is $2,000/month, the family max might be around $3,000-3,760 total. If you and your son would each be entitled to $1,000 (50% each), but the family max is $3,000, you'd split that $1,000 remaining after your ex gets his $2,000. SSA can give you estimates when you apply, but the exact calculation depends on your ex's specific earnings record and when he was born (the formula varies by birth year). The good news is that once other family members stop receiving benefits (like when your son turns 16 and your mother's benefit ends), any remaining beneficiaries get their full amounts up to their individual entitlement. Hope this helps clarify things!

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Great questions, Grace! Let me help clarify those points: **Online Applications**: You can start applications for retirement, disability, and some auxiliary benefits online, but mother's/father's benefits and child benefits often require additional documentation that may need to be submitted in person or by mail. The online system will tell you what you can complete digitally versus what needs follow-up. Starting online at least creates your filing date, which can be important for benefit timing. **Family Maximum Estimation**: The family maximum is typically 150-180% of the primary earner's PIA (Primary Insurance Amount). So if your ex's PIA is $2000, the family max might be around $3000-3600. If you and your son would each be entitled to $1000 (50% each), but the total would exceed the family max, your benefits get proportionally reduced. The SSA website has a benefit calculator, but for complex situations like this, calling them directly usually gives more accurate estimates. One tip: when you do apply, ask the SSA representative to explain exactly how your family maximum affects your specific situation - they can run the calculations during your appointment and show you the projected amounts. The fact that you're thinking through all this ahead of time puts you in a much better position than many people who discover these complexities after applying!

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Great questions, Grace! Let me help clarify those points: **Online Applications**: You can start most benefit applications online, including retirement, disability, and some auxiliary benefits like child's benefits. However, for more complex situations like mother's benefits or cases involving divorced spouses, you'll likely need to complete the process by phone or in-person. The online system will tell you if your specific situation requires additional steps. **Family Maximum Estimation**: The family maximum is typically 150-180% of the primary earner's PIA (Primary Insurance Amount), but it varies based on the benefit formula. You can get a rough estimate by creating a my Social Security account at ssa.gov - it shows projected benefits for different scenarios. For a more precise calculation, you'd need to speak with an SSA representative who can run the numbers with your ex's actual earnings record. **Pro tip**: When you do apply, ask the SSA representative to explain exactly how the family maximum affects your specific situation and request a written breakdown if possible. This helps you understand what to expect and catch any calculation errors. The online application is definitely worth starting with - even if you need to finish by phone, it gets your information in their system and establishes your filing date!

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