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If a father is receiving social security benefit for a child…

Customer Question
If a father is...

If a father is receiving social security benefit for a child under the age 18 and father is at 67 receiving social security him self and married and if was divorce would mother be able to receive this benefit for the child that receiving for child

Lawyer's Assistant: What steps has he taken? Has he filed any papers in family court?

No he tells me if I want a divorce that to file the papers have with that my ? is if them benefits go away will I be able to receive child support from his social security check which he also tells me that cant happen because that is his only source of income and cant be touch is that true

Lawyer's Assistant: Family law varies by state. What state is he in?

I live in the state PA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I have been receiving medical benefits for my child base on my income only when him for help he said my kid my responsibility even though he was around

Submitted: 6 months ago.Category: Family Law
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Answered in 3 minutes by:
3/15/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 127,643
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the child was receiving dependent benefits from SS and the parents divorce and the child goes to live with the non-SS parent, the benefits are still received and should go to the custodial parent and the court can use those benefits to reduce child support, as they are credited against child support.

As far as what SS is telling you, that is not correct, if the court orders him to pay child support, the dependent benefits would continue to the child and would be credited to him for his child support and any additional support determined based on his income would be ordered by the court.

You need to go to court for a child support order including the child's dependent benefit.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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