Social Security benefits for children of disabled ex-husband or ex-wife

I was recently asked this question:

My Ex is getting Social Security disability benefits.  I have custody of our kids.  Can my kids get any benefits because of my ex’s disability?

Perhaps, but you have to meet several requirements:

  1. The disabled parent must be receiving Title 2 Social Security Disability benefits. If the parent is receiving Title 16 SSI benefits, there are no auxiliary benefits available.  Auxiliary benefits are benefits paid to a spouse or minor child of a disabled individual.
  2. You have to be able to prove that the child is the child of the disabled parent.  This is usually a non-issue, but there are instances where this is disputed.  For example: the father may be in and out of the picture, his name may not be on the child’s birth certificate.  Later the father becomes disabled.  If the father does not acknowledge the child, it may be difficult to get benefits for the child.
  3. The child has to be under 18 (or 19 if in school).

This great discussion of eligibility for children’s benefits appears on Jonathan Ginsberg’s blog.

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Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .

About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter

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    If the son receives benefits, our children living with us would receive less. …… My ex was found to be disabled

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  • Pingback: Social Security Auxiliary benefits for children in a separate household | Colorado Social Security Law

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    I’m pretty sure that’s how it works.

  • Anonymous

    upto me parents should not get breakup because of their child.. it will spoil their life…

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