You Child and His or Her Social Security Benefits

08/27/08

The Social Security Administration provides more benefits to children than to any other group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. 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 years of age, • 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: Can my children obtain SS benefits under my account if they do not live at home with me?

Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases:

• The child is your legitimate, natural child • He or she is your adopted child • He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.

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 • Previous tax returns in which you claimed the child as a dependent • Records that you made periodic payments for the 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. As a guideline, your husband or wife's legitimate child, adopted child, or illegitimate child will be considered your 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. This will make the child ineligible for benefits.