Are My Children Eligible for Social Security Benefits?

08/02/08

More Social Security benefits are given to children than to any other social group. Children are eligible for social security benefits under the account of a parent, step parent, or foster parent that is either disabled or retired (and therefore eligible for Social Security benefits). Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits.

Children can receive benefits if they are:

• Not married, • Under 18, • Or, 18 to 19 years old and still attending elementary or secondary school full time, • Or, over the age of 18 and disabled before the age of 22.

Q: But, will my children receive social security benefits even if they do not live with me?

If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. In order to be eligible for social security benefits, your child must depend on you financially. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:

• He or she is your legitimate child • The child is your legally adopted child • The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.

If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child's financial dependence upon you by providing:

• Paperwork showing that your child is qualifies as your dependant in other state and federal programs • Old W2s and other tax forms showing that you claimed your child as a dependent • Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child • Additional related proofs

Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. Generally, your spouse's legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. Even after divorcing your step child's natural parent (that is, your husband or wife) or after his or her death, the child will be considered financially dependent upon you and therefore eligible for benefits as long as he or she resides in your home and shares with you a child parent relationship.

In any of the above child parent relationships, you can give evidence of the status of your relationship with your child. In addition, you can also decide to give evidence that you do not live in a parent child relationship with the child; that is, you neither live with the child nor support him or her financially. If you do this, you child will not be entitled to social security benefits under your account.