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Ava Martinez

Social Security children's benefits for non-custodial parent - who gets the money?

I'm planning to claim my Social Security retirement at 62 next year (I know it's reduced but I need the money). I have a 14-year-old son who lives with my ex, and I'm paying about $650/month in child support. Someone at work told me my son could get additional Social Security benefits because of my retirement, which would really help my financial situation. My big question is: if my son qualifies for these additional benefits, does that money come to me to help with child support payments, or does SSA send it directly to my ex since she has primary custody? I'm trying to figure out if this will actually improve my monthly budget or not. Also, would these children's benefits reduce my own payment amount? Really confused about how this all works.

The additional money goes to the custodial parent as your child's representative payee. Your ex will receive the payment on behalf of your child since she has primary custody. This doesn't reduce your benefit amount at all - it's an additional benefit your child is entitled to because you're receiving Social Security retirement. Your child can receive up to 50% of your full retirement benefit amount (not your reduced amount), but there's a family maximum that might come into play if there are other dependents claiming on your record. The child's benefit doesn't affect your payment amount whatsoever.

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Thanks for the quick reply! So even though I'm the one retiring, all the extra money goes to my ex? Does this mean I'll still have to pay the same amount of child support too? Feels like I'm getting the short end of the stick if I still have to pay $650/month AND my ex gets this additional Social Security money...

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my kid got benefits when i retired and yeah the money goes to whoever has custody. its bc the money is FOR THE KID not for you. the ssa doesnt care about your child support situation thats a seperate thing with the courts

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That makes sense I guess. Just seems like if the child is already getting money from Social Security, that should count toward my support obligation. Have you had any luck getting your support payments reduced because of the SS benefits?

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THIS IS WHY THE SYSTEM IS BROKEN!! I went through EXACTLY this garbage. My ex got the kids' benefits AND I still had to pay full child support. Had to fight it in court for MONTHS to get it adjusted. SSA doesn't automatically tell child support enforcement about these benefits - they operate in completely different systems!!

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Oh no, I was afraid of that. Did you eventually get your support payments reduced after going to court? How much did that cost you in legal fees?

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To clarify some confusion here: In many states, your child support obligation CAN be reduced by the amount of Social Security benefits your child receives due to your retirement. However, this isn't automatic - you need to petition the family court that handles your child support order. The laws vary by state, but most courts will consider the Social Security benefits as satisfying part of your support obligation. The process typically involves: 1. Getting documentation from SSA showing the benefit amount your child receives 2. Filing a motion to modify child support with your family court 3. Attending a hearing where the judge will determine the new support amount It's important to do this promptly after benefits begin - courts generally won't retroactively reduce support for periods before you filed your motion.

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This is exactly right. I went through this process in 2023. Your child support can absolutely be reduced by the amount of the Social Security dependent benefit, but you MUST file for modification with the court. In my case, my child was receiving $876/month from Social Security based on my retirement, and the court reduced my $750 monthly child support obligation to $0 since the SS benefit exceeded my obligation. One important tip: while waiting for your court date (which can take months), continue paying your full support amount. The court can modify retroactively to your filing date, but if you underpay before the modification is approved, you could face penalties.

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My neighbor just went thru this. His son got almost $800 from social security when he retired but the court only lowered his child support by like half that amount. Judge said something about the kid's "standard of living" should improve when parent retires? Didn't make sense to me but that's what happened

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I've been trying to get through to SSA for 3 weeks about this exact situation!!! They keep disconnecting me after I wait on hold for an hour. So frustrating when you're trying to plan your retirement and can't get simple answers about how things work.

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I had the same problem trying to get answers about my kids' benefits when I retired. After weeks of frustration, I found a service called Claimyr that got me through to an actual SSA agent in under 20 minutes. You can check them out at claimyr.com - they have a video showing how it works here: https://youtu.be/Z-BRbJw3puU Their system somehow bypasses the hold times and connects you directly. The agent I spoke with confirmed that my children's benefits went to my ex as the custodial parent, but she also gave me a detailed benefit statement I could take to court for my child support modification. Made the whole process so much easier.

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one thing nobody mentioned yet is that the kids benifit only lasts until they turn 18 (or 19 if still in highschool). so dependin how old ur kid is it might not be for very long anyway

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That's a good point. My son is 14 now, so we'd get about 4-5 years of benefits. Still worth pursuing the child support modification though.

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One more important thing to consider: The benefit your child can receive is based on your Primary Insurance Amount (PIA), which is what you would receive at your Full Retirement Age. Since you're claiming at 62, your personal benefit is reduced, but your child still gets up to 50% of your FULL benefit amount. For example, if your full retirement age benefit would be $2,000, but you're taking a reduced benefit of $1,400 at age 62, your child could still receive up to $1,000 (50% of $2,000), subject to family maximum limits. This is why it's especially important to apply for the child's benefit when you retire - they may receive more than you think.

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Oh wow, I didn't realize that! So even though I'm taking reduced benefits, my son gets the higher amount based on my full retirement age benefit? That's actually a pretty significant difference. Definitely going to check into this more carefully before I file.

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After you file for your retirement benefits, you'll need to apply separately for your child's benefits - it's not automatic! In my experience, the best approach is to: 1. Gather your child's birth certificate and Social Security card 2. Get documentation showing custody arrangement (court order) 3. Call SSA and make an appointment specifically for applying for child's benefits 4. At the appointment, make sure they process both your retirement AND the child's benefit Doing this correctly from the start saved me a lot of headaches later. And yes, as others mentioned, once benefits start, take that documentation to family court to adjust your support obligation.

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When I did this the SSA office said I needed my divorce decree too. Apparently different offices ask for different stuff so bring everything you can think of!!

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Just want to add from my own experience - when you do get your child support modified, make sure to keep detailed records of everything. I got my support reduced from $580 to $125 after my daughter started receiving $455/month in Social Security benefits, but it took 6 months for the court order to go through. During that time I kept paying the full amount and the court did adjust it retroactively back to my filing date, so I got a nice refund check. But I've heard horror stories of people who stopped paying early and got hit with contempt charges even though they eventually won their modification case. Also, your ex might not be thrilled about this since it could reduce the total money coming in for your child's expenses, so be prepared for some pushback. But legally you're entitled to the credit for these benefits in most states.

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This is really helpful advice about keeping detailed records! I'm definitely going to document everything carefully. Quick question - did you need a lawyer for the modification process, or were you able to handle it yourself? I'm trying to figure out if the potential legal costs would eat into the savings from reduced support payments.

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I handled my modification without a lawyer and it went pretty smoothly. Most family courts have self-help centers with forms and guidance for child support modifications. The key is having all your SSA documentation organized - benefit award letters, monthly payment amounts, etc. In my state, the filing fee was only $35 and the process took about 4 months total. The judge was very straightforward about it - once I showed the Social Security benefits were going to my child due to my retirement, they applied the state guidelines which automatically credited me dollar-for-dollar. I'd suggest calling your local family court's self-help desk first to see what forms you need and whether your situation seems straightforward enough to handle pro se. You can always hire a lawyer later if it gets complicated, but for basic SS benefit modifications, many people do it themselves successfully.

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I'm going through this exact situation right now! My retirement benefits just started last month and I'm in the process of applying for my 16-year-old daughter's benefits. From what I've learned talking to SSA, here's what you need to know: 1. The child's benefit does go to whoever has custody (your ex in this case) as the "representative payee" 2. The benefit amount is up to 50% of YOUR full retirement benefit (not your reduced amount), so it could be substantial 3. You absolutely can get your child support reduced, but you have to petition the court - it's not automatic 4. Keep paying your current support amount until the court officially modifies it I'm actually waiting for my court date next month to get my support modified. My daughter's Social Security benefit is $847/month and my current support obligation is $720, so I'm hoping to get it reduced to zero or close to it. The frustrating part is that SSA and child support enforcement don't talk to each other at all, so you have to be proactive about getting the modification. But from everything I've researched and heard from others, most judges will credit you dollar-for-dollar for the SS benefits. Good luck with your retirement planning! Even with the hassle, this could really help your monthly budget once you get it sorted out.

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This is such a comprehensive overview, thank you! It's reassuring to hear from someone who's actually going through this process right now. The fact that your daughter's SS benefit ($847) is higher than your support obligation ($720) gives me hope - my situation might work out similarly since my son could potentially get a decent amount based on my full retirement benefit. I'm curious - how long did it take from when you applied for your daughter's benefits to when she actually started receiving payments? I'm trying to plan the timing of everything so I can get the court modification process started as soon as the benefits begin. Also, did you run into any issues with SSA requiring your ex's cooperation or signature for the child's benefit application? Thanks again for sharing your experience - it's exactly the kind of real-world insight I needed to hear!

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@Dylan Wright - Can you share more details about the application process for your daughter s'benefits? I m'wondering if there were any complications since you and your ex probably aren t'on the best terms like (most divorced couples dealing with child support .)Did SSA require any input from her during the application, or were you able to handle everything yourself since you re'the retiring parent? Also, when you go to court next month for the modification, are you representing yourself or did you hire a lawyer? I m'trying to weigh the costs vs benefits of going pro se for this. Your situation sounds very similar to mine so your experience would be really valuable!

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@Dylan Wright Your timeline and experience is really helpful! I m'in a similar boat - planning to retire at 62 next year with a 14-year-old son. Quick question about the application process: did you have to provide your custody/divorce decree to SSA when applying for your daughter s'benefits, or just her birth certificate and SSN? Also, I m'wondering if your ex tried to contest the child support modification at all? I m'a bit worried mine might fight it since she ll'see it as losing money, even though technically it s'just changing the source of funds for our son s'support. Did you give her a heads up about the modification or just let the court notify her when you filed? Really appreciate you sharing the real details of going through this process!

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@Dylan Wright This is incredibly helpful! I m'in almost the exact same situation - planning to retire at 62 with a 14-year-old who lives with my ex. Your numbers give me hope that this could actually work out in my favor financially. One thing I m'wondering about - did you face any pushback from your ex when she found out about the Social Security benefits going to her? I m'worried mine might see this as some kind of windfall and actually fight the child support modification, thinking she should get both the SS money AND my current support payments. Also, when you applied for your daughter s'benefits, did SSA require any documentation about the custody arrangement, or just basic stuff like birth certificate? I m'trying to get all my paperwork together before I start this process. Thanks for being so detailed about your experience - it s'exactly what I needed to hear from someone actually going through it!

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@Dylan Wright This is exactly the kind of real-world experience I was hoping to find! Your situation sounds almost identical to mine. The fact that your daughter s'SS benefit $847 (exceeds) your current support obligation $720 (is) really encouraging - it sounds like you might actually come out ahead financially once the court modification goes through. I m'particularly interested in your timeline. You mentioned your retirement benefits started last month and you re'still in the process of applying for your daughter s'benefits. How long has SSA told you it typically takes from application to first payment for child benefits? I m'trying to coordinate the timing so I can file for the court modification as soon as the benefits start flowing. Also, did you need your ex s'cooperation or signature for anything during the SSA application process, or were you able to handle it all yourself as the retiring parent? I m'hoping to avoid any unnecessary drama with my ex until I have all the documentation I need for court. Thanks for sharing such detailed info about your experience - this gives me a much clearer roadmap for what to expect!

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I went through this same process two years ago when I retired at 62. Here's what actually happened in my case: My son was 15 and living with my ex-wife. When I applied for retirement benefits, I also applied for his dependent benefits at the same SSA appointment. The benefits started the month after my retirement benefits began, and yes, the money goes directly to the custodial parent (my ex) as the child's representative payee. The key thing that saved me financially was filing for child support modification immediately after the benefits started. In my state (Ohio), the court reduced my support obligation dollar-for-dollar by the amount of the Social Security benefit. My son was getting $743/month from SSA, and my child support was $580/month, so my obligation went to zero and my ex actually ended up with MORE money for our son's expenses. The whole court process took about 3 months, but they made it retroactive to my filing date. I kept paying the full support amount during that time and got a refund check later. Pro tip: Apply for your child's benefits at the same appointment when you file for retirement. Bring birth certificate, Social Security card, and your divorce decree. SSA will handle setting up your ex as the representative payee automatically once they verify custody. Then immediately start gathering documentation to file for support modification - don't wait! This actually improved my financial situation significantly. Instead of paying $580/month in support, I now pay nothing and my son gets $743/month. Win-win for everyone.

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This is such a reassuring success story, thank you for sharing! @Andre Laurent It s'really encouraging to hear that you ended up in a better financial position overall - paying $0 instead of $580/month while your son actually gets MORE money $743 (vs $580 .)That s'exactly the kind of outcome I m'hoping for. Your tip about applying for both benefits at the same SSA appointment is gold - I definitely don t'want to have to make multiple trips or deal with additional delays. Quick question: when you brought your divorce decree, did SSA need any specific sections or was the whole document sufficient? I m'trying to organize all my paperwork in advance. Also, the 3-month timeline for court modification in Ohio gives me a good benchmark for expectations. Did you represent yourself in court or use an attorney? With the potential savings being so substantial, it seems like even attorney fees would be worth it, but I m'curious about your experience. Thanks for the detailed walkthrough - this gives me a lot more confidence about moving forward with retirement planning!

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I just went through this process last year and wanted to share some additional insights that might help with your planning. When I retired at 62, my 13-year-old daughter started receiving $892/month in Social Security benefits that went directly to my ex-wife as the representative payee. The process was pretty straightforward - I applied for both my retirement and my daughter's benefits in the same SSA appointment, which definitely streamlined things. What really helped was that I had already researched my state's child support modification laws beforehand, so I knew exactly what to expect. Here's something important that hasn't been mentioned yet: make sure you get a copy of the official SSA award letter showing your child's benefit amount. This is crucial documentation for your court filing. In my case, the court reduced my $750/month support obligation to $0 since my daughter's SS benefit exceeded it. One thing that surprised me was how cooperative my ex actually was about the whole thing. I was worried she'd fight the modification, but when she realized our daughter was getting more money overall than my previous support payments, she didn't contest it. The court process took about 4 months total, but it was worth every day of waiting. The financial impact has been huge - I went from paying $750/month to $0, which really helped offset the reduction in my retirement benefits from claiming early. Definitely pursue this if you're in a similar situation!

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@Caden Nguyen This is really encouraging to hear, especially the part about your ex being cooperative once she realized your daughter was getting more money overall! That s'honestly one of my biggest concerns - I ve'been dreading having to explain this whole situation to my ex and worrying she d'see it as me trying to get out of paying support. Your point about getting the official SSA award letter is really important - I ll'make sure to request that documentation right away once benefits start. The fact that your daughter s'benefit $892 (exceeded) your support obligation $750 (and) resulted in zero payments is exactly the kind of outcome I m'hoping for. Quick question: when you did your research on your state s'modification laws beforehand, did you find any good online resources, or did you mostly call the family court? I m'trying to get educated about the process in my state before I start, but I m'finding a lot of conflicting information online. Your 4-month timeline also helps me set realistic expectations. Thanks for sharing such a positive outcome - it gives me a lot more confidence about moving forward with this plan!

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I'm in a very similar situation and this thread has been incredibly helpful! I'm 61 and planning to retire next year with a 16-year-old daughter who lives with my ex. Reading through everyone's experiences gives me a much clearer picture of what to expect. A few things I've learned from this discussion that I want to highlight for anyone else in this situation: 1. The child's SS benefit is based on your FULL retirement age benefit amount, not your reduced early retirement amount - this could mean significantly more money than you might expect 2. You need to apply for the child's benefits separately at SSA - it's not automatic when you retire 3. The money goes to the custodial parent, but you can (and should) petition family court to reduce your child support obligation accordingly 4. Keep paying your current support amount until the court officially modifies it, even though it might take several months One question I haven't seen addressed: for those of you who successfully got your support modified, did the court consider any other factors besides just the SS benefit amount? Like the child's other needs or expenses? I'm wondering if there's any risk the judge might not give a full dollar-for-dollar credit. Also, @Andre Laurent and @Caden Nguyen - your success stories where you ended up paying $0 in support while your kids got more money overall are really encouraging. It sounds like this could actually be a win-win situation if handled correctly. Thanks to everyone who shared their real experiences here. This is exactly the kind of practical information you can't get from SSA's website or generic legal advice sites!

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@Hugh Intensity Great summary of the key points from this discussion! Regarding your question about other factors the court might consider - from what I ve'seen in my research, most states have pretty clear guidelines that treat Social Security dependent benefits as income available for child support. However, some judges do have discretion to consider the child s'overall standard of living. I ve'heard of cases where the court didn t'give a full dollar-for-dollar credit if the child had significant medical expenses or other special needs that weren t'being met. But in typical situations like ours, where it s'just regular child support with no unusual circumstances, the math seems pretty straightforward - SS benefit amount gets credited against support obligation. Your timeline is interesting since your daughter is already 16. You d'only have about 2 years of benefits until (she turns 18 ,)but even that could save you thousands in support payments. Might still be worth pursuing depending on your current support amount. One thing I d'add to your excellent summary - make sure you understand your state s'specific modification procedures before you start. Some states require mediation first, others let you go straight to court. The filing fees and timelines can vary quite a bit too. This really has been one of the most helpful discussions I ve'seen on this topic. Real experiences from people who ve'actually been through the process are so much more valuable than generic advice!

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As someone who works in family law, I want to add some important legal context to this excellent discussion. While most of the advice here is spot-on, there are a few nuances worth mentioning: First, the "dollar-for-dollar" credit isn't guaranteed in all states. Some jurisdictions use what's called the "income shares" model where they look at both parents' total income (including SS benefits) and recalculate support accordingly. This might result in some reduction, but not necessarily a full offset. Second, timing is crucial for the modification filing. In most states, you cannot get retroactive relief beyond your filing date, so file your motion as soon as the child's benefits begin. Don't wait months thinking about it - every month you delay is money you can't get back. Third, some courts require you to show a "substantial change in circumstances" (usually 15-20% change in support obligation) before they'll modify an order. Since SS benefits are often substantial, this usually isn't an issue, but it's worth knowing. Finally, keep detailed records of everything - benefit award letters, payment dates, court filings, etc. If your ex disputes anything later, documentation is your best friend. The success stories shared here are encouraging, but remember that every state and every case is different. When in doubt, consult with a local family law attorney who knows your jurisdiction's specific rules.

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