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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2649
Experience:  associate attorney
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My Name is ***** ***** My question is I had two children from

Customer Question

my Name is ***** ***** My question is I had two children from a common law Marriage. he never, paid child Support. he died.can I claim his Social Security? I have all the information.
Submitted: 6 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 6 months ago.
What state did the common law marriage occur? How long did the common law marriage last before divorce?
Customer: replied 6 months ago.
8 yrs.
Expert:  Christopher B, Esq. replied 6 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Ignoring any difficulties proving common law marriage (social security makes you jump through many hoops) and your state must recognize common law marriage. Unfortunately, you must have been married at least 10 years before divorce in order to be eligible for a survivor benefit. So you are not eligible to receive his benefit. Your children might be eligible though depending on their age and if they are disabled. Your unmarried children who are under 18 (up to age 19 if attending elementary or secondary school full time) can be eligible to receive Social Security benefits when their father died. Your child can get benefits at any age if he or she was disabled before age 22 and remains disabled. So you cannot receive a survivor benefit but your children may be able to. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

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