Will my child support income disqualify us from Social Security survivor benefits for my stepdaughter?
My husband died unexpectedly last month at 59. We're devastated and now I'm facing financial uncertainty. I haven't worked in about 3 years due to health issues, and his income was covering most of our household expenses. I have a 14-year-old daughter from my previous marriage who lived with us full-time, and my ex pays $1,720/month in child support. When I called Social Security about survivor benefits, they told me my stepdaughter could qualify since my late husband provided more than half of our household support. They also mentioned I might be eligible for mother's benefits until she turns 16. My husband had been working since he was 16 and I know he had reached his maximum Social Security earnings. But the SSA rep mentioned something about 'offsetting' the benefits based on the child support I receive. I'm worried that the child support might be too high and disqualify us completely. Does anyone know how much child support is 'too much'? Is there a specific income threshold that would make us ineligible? I'm scared to go through the whole application process only to be rejected. We really need this help right now.
21 comments
Alice Fleming
I'm sorry for your loss. The child support shouldn't disqualify your stepdaughter from survivor benefits, but it might reduce the amount. SSA uses a complicated formula that looks at your total household income and the deceased's primary insurance amount (PIA). For your stepdaughter to qualify, your late husband needed to have provided at least 50% of her support, which sounds like was the case. The mother's benefits for you should be available until she turns 16 as you mentioned. The child support won't completely disqualify you, but it may affect the total amount due to something called the family maximum benefit (FMB). This is a cap on the total benefits payable on one worker's record. Definitely apply - even if the benefits are reduced somewhat, they'll still help.
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Steven Adams
•Thank you for explaining. Do you know if they look at gross income or what's left after bills? Child support barely covers her expenses (school activities, medical costs, etc.), so it's not like we have extra money from it. Will they ask me to prove exactly how much my husband contributed vs the child support?
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Hassan Khoury
u should apply no matter what!! my brother died 2 yrs ago and his stepkids got benefits even tho their mom got child support. they just had to prove he was supporting them when he died. dont give up before u try!!
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Steven Adams
•That's encouraging to hear. How long did the process take for your brother's family? I'm trying to figure out how long we need to make our savings stretch.
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Victoria Stark
First, please accept my condolences on your husband's passing. This is a complicated situation, but let me clarify some points: 1. For stepchild benefits, your daughter needs to have been living with and receiving at least 50% support from your husband at the time of his death. The fact that you receive child support doesn't automatically disqualify her. 2. The child support is considered income to your household, and SSA will factor this in when determining if your husband provided at least 50% support. They'll look at all your household expenses and income sources. 3. For mother's/father's benefits (technically called "mother's or father's insurance benefits"), you can receive these until your child turns 16 if you're caring for a child who's eligible for benefits on the deceased worker's record. 4. The family maximum benefit (FMB) will cap the total amount payable to all beneficiaries on your husband's record, typically between 150-180% of his basic benefit amount. I recommend gathering documentation of household expenses, your husband's income, and proof that he was supporting your daughter. Apply as soon as possible - benefits can be retroactive, but only for a limited time period. Even partial benefits would help your situation.
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Benjamin Kim
•This is GREAT advice. When my husband died last year, I had to prove EVERYTHING about our finances. They wanted bank statements, tax returns, utility bills with both our names, EVERYTHING!!! It was a nightmare when I was already grieving!!! Get your paperwork organized NOW before you go in!!
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Samantha Howard
sorry about ur husband passing away. my cousin was in similar situation last year and her stepdaughter got benefits even with child support coming in. they said something about the "deemed support" rule or something like that. as long as your husband was living with your daughter and helping support her, it should be ok. good luck!
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Megan D'Acosta
I went through something similar when my wife passed. The child support you receive doesn't automatically disqualify you - SSA will look at the total financial picture. They use a concept called "one-half support" which means they determine if your husband was providing at least 50% of your daughter's total support costs. Here's how they typically calculate it: 1. They total up ALL costs for supporting your daughter (housing, food, clothing, education, etc.) 2. They figure out how much of that was provided by your husband (his income used for these expenses) 3. They compare that to other support sources (like the child support) If your husband's contribution was more than 50% of the total, your daughter should qualify. Remember that "support" includes a portion of housing costs, utilities, food, etc. - not just direct expenses for the child. As for your mother's benefits, you should qualify if your daughter is eligible for survivor benefits. These will continue until she turns 16. Start gathering documentation now: household bills, proof of your husband's income, bank statements showing how household expenses were paid, etc. The process can take time, but don't get discouraged. Have you been able to schedule an appointment with SSA yet? The wait times have been ridiculous lately.
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Steven Adams
•Thank you for breaking it down so clearly. I've been trying to call SSA for 3 days now but keep getting disconnected or told the wait times are over 2 hours. I really need to talk to someone to start this process but it feels impossible to reach them!
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Sarah Ali
Try using Claimyr (claimyr.com) - it saved me HOURS of waiting when I was applying for my survivor benefits last year. They call SSA and hold in line for you, then call you when a rep is available. I was skeptical but they got me through in 40 minutes when I'd been trying for days! Check out their video showing how it works: https://youtu.be/Z-BRbJw3puU
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Steven Adams
•I've never heard of this service, but I'm desperate at this point. Anything's better than being on hold all day with a grieving teenager in the house. I'll check it out, thanks for the suggestion.
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Samantha Howard
•i used them too when i needed to fix my medicare issue. worked great but make sure ur ready with all ur papers when they connect u!
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Ryan Vasquez
Just to add another perspective - when calculating the one-half support rule, SSA doesn't just look at money coming in, but HOW it's spent. If the child support mostly goes toward your daughter's direct expenses (clothes, activities, medical) but your husband's income covered your housing, utilities, groceries, car, insurance, etc., he could still have been providing more than 50% of her TOTAL support despite the child support payments. Make sure you document ALL household expenses and how they benefited your daughter. Many people make the mistake of only counting direct child expenses, which isn't how SSA views it. Also, there's no specific cutoff amount for child support that would disqualify you. It's all about the proportion of total support provided by each source.
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Steven Adams
•This is really helpful. The child support mainly goes toward her activities, clothes, and saving for college. My husband's income covered our home, food, utilities, car payments - basically our entire lifestyle. Does SSA consider rent/mortgage as part of a child's support? That's our biggest expense.
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Ryan Vasquez
•Absolutely! SSA typically allocates a portion of housing costs (mortgage/rent, utilities) to each household member. So if there were three people in your household, roughly 1/3 of those costs would be considered support for your daughter. Same with groceries, transportation, insurance, etc. Make sure to point this out in your application.
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Megan D'Acosta
On a practical note, you might want to request a "protective filing date" when you first contact SSA, even before your full application is complete. This preserves your filing date and potentially gets you more back pay. Also ask about the lump-sum death payment of $255 if you haven't already claimed it. It's not much, but every bit helps right now.
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Benjamin Kim
I WENT THRU THIS EXACT SITUATION!!!!! My second husband died when my son was 15. I got $2000/month in child support and was TERRIFIED we wouldn't qualify. DONT STRESS - we still got survivor benefits for my son BUT they were reduced because of the child support. Instead of like $1800/mo we got about $950/mo. Still REALLY HELPED US survive!!!! The SSA office made me bring in TONS of paperwork so be prepared!!!!! Bank statements for 6 months, tax returns, proof of child support, death certificate, marriage license, EVERYTHING!!!!!!
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Steven Adams
•Thank you for sharing your experience. That's actually really encouraging. Even a reduced benefit would make a huge difference for us right now. Did you have to go through a reconsideration or appeal, or did they approve you right away? I'm trying to mentally prepare for how long this might take.
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Benjamin Kim
•They approved us after about 6 weeks but it took ANOTHER month to get the first payment. They did backpay to the month after he died tho. Make sure you have EVERY DOCUMENT they might ask for or they'll delay everything!!!!
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Alice Fleming
One other thing worth mentioning - if your stepdaughter does qualify for survivor benefits, you'll need to determine who should be the payee for her benefits. Since your daughter's biological father is still in the picture and paying child support, this could potentially get complicated. SSA generally prefers the custodial parent (you in this case) to be the representative payee, but sometimes non-custodial parents contest this. Also, just to clarify a technical point - your husband reached his maximum Social Security earnings, which means he had good earnings that would translate to a higher benefit amount. This is different from reaching the maximum benefit amount, which would only happen if he had delayed retirement beyond his full retirement age (which wasn't applicable since he was only 59). Have you gathered your husband's last W-2 or tax return? That will help SSA calculate the benefit amounts more accurately.
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Steven Adams
•I have his tax returns for the last few years and his final pay stubs. I do have full physical custody of my daughter - her father only has visitation during school breaks. I hope that makes the payee situation more straightforward. Thank you for pointing this out as I hadn't even thought about that aspect.
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