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

Los Angeles, CA |

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

Attorney Answers 3


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.

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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 be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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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 not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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