Can I collect death benefits from my fathers Social Security now that he has passed to cover the Child support he never paid.

Asked almost 2 years ago - Los Angeles, CA

I am over the age of 18, he never remarried.

Attorney answers (3)

  1. 3

    Lawyers agree

    Answered . The only Social Security "death benefit" is the modest $255 available to a surviving spouse and possibly "survivor's benefits" for a qualifying surviving spouse or dependent. Your father's estate, if any, may be liable for the child support if it was court-ordered, but as a general rule child support is never payable to the child. The right to collect belongs to the other parent.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. 3

    Lawyers agree

    Answered . In general, no. SS benefits are only paid to the person who paid into the system, and that ends at his or her death (other than the $255 my colleague mentioned). The only other benefit I can think of for you is disabled adult child benefits - if you are currently disabled AND if he wa on SS benefits (retirement or disability) before he died.

    Sorry I cannot give a better answer. Best of luck to you.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more
  3. 2

    Lawyers agree

    Answered . When you were a minor and your father was on Social Security Disability, you could have been awarded dependent benefits or if you were a minor when he died. However, it appears that is not sure situation since you are now an adult. So, it appears there is no dependent Social Security benefits for you as an adult.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more

Related Topics

Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

Child support and social security benefits

Unless you are on Social Security Income (SSI), your social security payments can usually be be considered income for the purposes of calculating child support.

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