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Ask Mark Taylor Your Own Question
Mark Taylor
Mark Taylor, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 981
Experience:  Certified Public Accountant
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Is a dependent grandchild under her grandparents from court

Customer Question

Is a dependent grandchild under her grandparents from court order custody entitled to 1/2 the grandparent's SS payments?
Submitted: 7 months ago.
Category: Social Security
Customer: replied 7 months ago.
I understand a dependent child living with a parent on SS is entitled to 50% of the parent's payments without affecting the parent's payments. Does this apply also to a grandchild under court order custody?
Expert:  Mark Taylor replied 7 months ago.
The grandchild may be eligible to qualify for benefits is certain conditions are met. These conditions are that the biological parents of the child must be deceased or disabled or the grandchild must be legally adopted by the grandparent. A court order custody would not meet this threshold. Also, the grandchild must have started living with the grandparent before 19 and the grandparent must provide at least one half of the support of the grandchild from the year before the month the grandparent became entitled to retirement or disability benefits. The natural parent or parents must not be making regular contributions to the child’s support. I provided two links with additional information. The second link is to a pdf file. At the end of this file is a table the details potential grandparent benefits. I hope this helps. https://www.ssa.gov/pubs/EN-05-10085.pdfhttp://www.gu.org/LinkClick.aspx?fileticket=Vi04p7fvMdI%3D&tabid=157&mid=606