Does adoption cut off survivor’s benefits for children?
I previously wrote about when a child qualifies for survivor’s benefits. I was recently asked if adoption stops Social Security survivor’s benefits for a child.
If a child receives benefits from a deceased parent and is adopted by a step parent, can he still receive benefits from the deceased parent?
I had to confer with colleagues familiar with this topic.
Adoption after entitlement to benefits is not a terminating event.
However, adoption prior to entitlement to benefits might prevent entitlement. There are cases which have gone either way. It depends on the laws in the State where the worker died and other circumstances.
It is always a good idea to check with your local Social Security …
Effect of another child on Social Security auxiliary benefits
When a parent receives Social Security disability benefits, specifically SSDI (not SSI), his or her minor children are often eligible for Social Security auxiliary benefits. The minor children are still potentially eligible for these benefits even if the parents are divorced, and even if the children live with the non-disabled parent.
I was recently asked how adding another child will affect the amounts paid to the disabled parent’s children living in a separate household.
How much does Social Security pay in Auxiliary benefits
In addition to paying disability benefits for disabled individuals, Social Security also provides benefits for their minor children and also the spouse (if taking care of children under 16 year old). Note: these auxiliary benefits are only available if the disabled individual is receiving Social Security Disability Insurance benefits (SSDI aka DIB). There are no auxiliary benefits (no benefits for spouses or children) for individuals on Supplemental Security Income (SSI).
Ok. How much can a spouse or child get in auxiliary Social Security benefits?
All eligible dependents can receive up to 50% of the wage earner’s (typically the disabled individual’s) benefits. However, the combined total of all auxiliary benefits cannot be above the family maximum.
My child is graduating high school, will my other children’s Social Security benefits change?
This question comes up in the comments from time to time.
My children receive Social Security auxiliary benefits because my spouse is disabled. My oldest is graduating high school next month. Social Security has told me that my oldest’s benefits will be stopped.
Will my other children’s benefits go up?
Fortunately, the answer is often, “YES!”
Here is Social Security take on this issue from their FAQ page:
Social Security Family Maximum for disability benefits
Social Security pays benefits to spouses and children of disabled parents. The requirements for spouses and children are discussed the linked article.
However, as many parents discover, there is a cap on auxiliary benefits. Taken directly from Social Security:
Benefits are payable to spouses and children of disabled workers, but such benefits are limited. The family maximum for a family of a disabled worker is 85 percent of the worker’s Average Indexed Monthly Earnings (AIME). However, it cannot be less than the worker’s PIA nor more than 150 percent of the PIA.
Note: rather than trying to figure out …
Do Social Security auxiliary benefits reduce child support?
Several people have asked if the auxiliary Social Security benefits (benefits paid the the spouse and children) of a disabled person receiving Social Security Disability Insurance reduce child support or spousal maintenance payments.
Colorado Springs family law lawyer Yolanda Fennick tackles this topic in today’s guest article:
Child support is paid on behalf of minor children who are entitled to support by their mother and father, despite disability. When courts calculate child support, judges initially look at the gross income of mom and the gross income of dad. When one or both parents are disabled, the judge will want to know the amount and source of the Social Security benefit the parent is receiving to begin the analysis in either a child support or maintenance case. The amount of Social Security received may or may not be used to calculate child support.
Social Security Auxiliary benefits for children in a separate household
A reader asked if a child can still receive Social Security auxiliary benefits if she is living apart from the disabled parent:
If I have legal guardianship of my nephew and my sister is receiving SSDI. Can I apply to receive the benefits for his caretaking? My sister has been told that she could receive benefits for him, but unless she gets to keep it, she won’t apply for it, saying that the SS office told her it was only if he lived with her. Is that true or could I apply for him?
This is similar to a situation I wrote about concerning …
Paternity and children’s Social Security benefits
Children can often receive Social Security benefits if a parent is disabled or deceased. I have previously written about these kind of Social Security auxiliary and survivors benefits. However, there are times when proving paternity becomes an issue. Here are a couple of situations where this comes up:
Parents separate and, the non-custodial father becomes disabled (potential auxiliary benefits based on a disabled parent).
Common law marriages with a disabled husband or wife splitting with the father denying paternity (potential auxiliary benefits based on a disabled parent).
Father dies (potential survivors benefits based on a deceased parent) but Social Security denies the claim because there is not enough evidence proving paternity.
Note: most of the examples deal with paternity. However, the same laws apply if there is a question of who the mother is.
Also, I am focusing on resolving paternity without a court ordered DNA test or exhumation.
Social Security has regulations describing when a child is a “natural child” of the parent (full text below). Note: for adopted children, check out this article.
According to Social Security’s regulations, a child may be eligible to receive benefits from the insured if:
What are Social Security auxiliary benefits
When a disabled individual receives Social Security disability insurance benefits (also known as DIB, SSDI or Title 2 benefits), their spouse and/or minor children may also be eligible to receive Social Security benefits. These benefits paid to the spouse or minor child are called “auxiliary benefits.”
Wait a minute, I’m on SSI, but my kids didn’t get any Social Security benefits.
Whether a spouse or children receive Social Security benefits depends on which Social Security benefits the spouse or parent is receiving. There are two kinds of Social Security disability benefits: Social Security disability insurance (SSDI) and Supplemental Security Income (SSI).
Note: …
Social Security mother’s and father’s benefits
If your spouse dies leaving you to take care of children under the age of 16, you may be entitled to Mother’s and Father’s benefits (commonly called parent’s benefits) under Social Security.
These are separate from the benefits the children may be entitled to based on the death (or disability) of a parent.
Do spouse’s and children’s benefits continue during incarceration?
If an individual is disabled and receives Title 2 Social Security Disability Insurance benefits (SSDI aka DIB), their spouse (husband or wife) and minor children can also receive benefits because of the spouse’s / parent’s disability. These are called auxiliary benefits.
I previously coved how Social Security benefits stop if a disabled person is goes to jail / prison.
So, what happens to the children’s or spouse’s benefits if the disabled individual is incarcerated: goes to jail or prison?
Do the wife or husband’s auxiliary benefits stop?
Do the children’s auxiliary benefits stop?
My Ex is disabled, can I get Social Security benefits?
Did you know that you can get Social Security benefits based on your spouse’s earnings, even if you are divorced?
Click to read who is entitled to wife’s or husband’s benefits as a divorced spouse?
My ex is disabled, can our kids get benefits?
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:
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.
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: …
If your husband or wife is disabled, you may be entitled to benefits
If your spouse is disabled and entitled to Social Security Title 2 benefits – Disability Insurance Benefits, you may be entitled to receive benefits from Social Security.
These benefits are called “auxiliary benefits.”
It is important to remember that auxiliary benefits are only available if the disabled spouse (disabled husband or disabled wife) is receiving Disability Insurance benefits. There are no auxiliary benefits when the disable spouse is receiving Social Security Title 16 Supplemental Security Income (SSI) benefits.
Am I entitled to Social Security auxiliary benefits?
Can children get Social Security benefits because of disabled parent?
If an individual is disabled and entitled to Social Security Title 2 benefits – also called Disability Insurance benefits, his or her minor children can also receive benefits from Social Security.
These benefits are called “auxiliary benefits” by Social Security.
It is important to remember that auxiliary benefits are only available if the disabled parent (disabled mother or disabled father) is receiving Disability Insurance benefits. There are no auxiliary benefits when the disable parent is receiving Social Security Title 16 Supplemental Security Income (SSI) benefits.
Other than the parent being disabled, what else do you need to receive children’s benefits?
