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emc011075, Tax Adviser
Category: Social Security
Satisfied Customers: 3170
Experience:  Tax adviser IRS licensed Enrolled Agent and tax instructor
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GA-SJB I have no ss credit 13 years that my ex and I operated

Customer Question

I have no ss credit for the 13 years that my ex and I operated a business together. Is there any way I can resolve this issue? My ss benefit at 66 will be 1200 and my ex-husband is 1800 at 62.
Can a lawyer help me? SS told me that I needed schedule c's from those
13 years with my name on it. So, after all that hard work I have little to show for it...sad
Submitted: 2 years ago.
Category: Social Security
Expert:  emc011075 replied 2 years ago.
Hi. My name is ***** ***** I will be happy to help you.
Social security administration, just like IRS is a government agency with its own rules. A lawyer can help you with the application or to get benefits you are eligible for but if you are not eligible, there's not much a lawyer could do.
Here's how the credits work. The more income is reported under your social security number, the higher your benefits will be. It seems like for all those years your ex-husband reported all income on Schedule C with his social security number. You can amend returns for all those years, file another Schedule C with your social security number and move some of the income from his Schedule C to yours. This way you both will have income reported. If you do so, your ex-husband's social security will most likely be reduced and yours will be increased. In order to amend returns for those years your ex-husband would have to sign the amended returns.
Don't shoot the messenger here, but your only other option is to solve it in civil court and/or renegotiate your divorce settlement to take this in consideration. And for that you will need a lawyer.
You should also look into possibility to use his credits to calculate your benefits - spousal social security. If you were married for more than 10 years and are unmarried, you should be eligible to receive benefits based on his record (your benefits will be same as his). Here's is some info about spousal benefits after divorce:
Let me know if you have any questions.
Expert:  Jody-cssm replied 2 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you.
Thank you, ***** Support Team.