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Child Benefit Rules and Laws

Social security has many features; one of those features is the child benefits. What makes an individual eligible for the child benefit? What does the child benefit entail? What exactly is the child benefit? Below are questions that others have asked the Experts in regards to child benefits.

What is child benefit?

Child benefit in the United States is a payment that is given to the parents or guardians of children that is disbursed by social security.

Will the survivor child benefits stop if grandparents adopt the child whose parents are deceased?

If a child has a parent or parents that are decease then that child would be eligible for survivor child benefits. The child benefits would be paid to the individual or individuals who are the lawful caretakers of the child. The adoption of this child by the grandparents will not stop the child benefits; the benefits would continue and would be paid to the adoptive parents of the child.

If a child is receiving child benefits due to a non-custodial parent receiving social security benefits, how does child support work?

According to the law if the non-custodial parent is obligated to pay child support, but is receiving social security benefits, then the non-custodial parent should get a credit against their child support for the amount that is due to the custodial parent of the child. If a non-custodial parent that is receiving social security benefits causing the child to receive child benefits has a court order to pay child support and is not receiving an offset, that parent should apply to the court for the offset.

If an individual is disabled, and has to live with a parent that is receiving social security disability, are they eligible for a child benefit?

If the individual is disabled before the age of 22 then the individual may be eligible for child benefits. This is possible if the individual’s parent has expired or has receiving social security disability or retirement. The reasoning behind this being considered a child benefit is because the individual who was disabled before the age of 22 will be receiving benefits from the parent’s social security record, since they have not worked enough quarters to receive benefits from their own social security record. The individual must also meet the following requirements; above the age of 18, not married, and their disability has to have begun before the age of 22. By definition the adult receiving child benefits can be a stepchild, a step grandchild, a grandchild, or an adopted child.

If a person retires and applies for social security and has a minor child that is dependent on them, will the minor child meet the child benefit criteria?

If an individual, who has a minor child that depends upon them, retires and begins receiving social security then that child will be eligible to receive social security child benefits. However if an individual retires and does not apply or start receiving social security benefits, then neither will the minor child begin receiving social security child benefits. If the individual is taking their retirement early and continues to work, if they earn more money than is allowed, then their social security benefits will be offset by the amount over the allowed amount, and so will their dependent’s child benefit be reduced by an amount that is similar.

Child benefits are paid out to the guardian or responsible party of a child by Social Security. If a child is receiving child benefits from a deceased parent, being adopted by their grandparents will not stop the child benefit. If a parent of a child receiving child benefits takes their social security retirement early, while continuing to work and they make too much money, their social security will be reduced and so will the child benefit. Any questions regarding child benefit can be directed to the Experts.

Ask a Social Security Expert

dylatess
dylatess, ATTORNEY
Category: General
Satisfied Customers: 3174
Experience:  36 plus years of SSD practice
29685164
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Social Security Experts are Online Now

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Social Security Experts are online & ready to help you now

dylatess
ATTORNEY
Satisfied Customers: 3096
36 plus years of SSD practice
Megan C
Certified Public Accountant (CPA)
Satisfied Customers: 3942
Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
LawTalk
Attorney
Satisfied Customers: 1138
I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

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