My eleven year old daughter hasn't seen or heard from her biological dad since she was 16 months old. He initially threatened to "take her away" from me, but when I explained I would ask for child support, he lost interest, which was for the best as he was very abusive. As a result, I have never received a dime of child support from him or any government program. Recently it was brought to my attention that he is fighting stage four squamous cell carcinoma, and I'm wondering; if he files for disability, would I be able to make a claim for my daughter to benefits? Would he be privy to this if I did? Even ill, he would be spiteful enough to try to make my life a living hell if he thought I was taking away any of his control. Should I just wait to file after he's deceased, if that does happen? Or, if he should beat the odds and live a long, healthy life, could she sue him for back child support after she's an adult? Any and all help would be appreciated.
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You should not wait as there are filing limitations. Contact the SSA in your area and make an appointment to discuss your concerns. Be sure to bring birth certificants, etc.
You must go to SS with her BC and info. If he is not on it you will need a paternity test. You will not get anything going back if you dont file asap. I am in the same situation. My sons father was legally dead for 19 minutes. He and I were not on good terms at the time due to his GF . She filed his SSD and failed to put down he had a minor child.
No, they can't garnish Social Security Disability. Whatever your reason for not establishing paternity and taking him to court for child support, is none of my business. However, what you're saying doesn't make sense. You need to open a paternity suit... Or are you afraid to "share" your child with the father??? You're entitled to nothing right now because you haven't taken the time to go through the proper channels.
If he passes away and you would like to receive Survivors benefits for her, IT IS A PROCESS without paternity being established prior to. Sure you can ask the morgue to save a vile of his blood for DNA testing but it's next to impossible to have released. Or you could go to both grandparents (his parents) and compare their DNA to your childs. This will take years. (experience) Frankly, if he passes away when she is 13, by the time she is 18 you could still be trying to prove him as father. (they do back pay tho) But I believe that's based on the time frame in which you originally filled for SSS benefits.
On an ethical note: Maybe you should go through the proper channels BEFORE death. He is essentially dying. How would your daughter feel 10 years from now knowing you withheld him? Being the daughter has been with you for so many years, unless you're an abusive mother or drug addict, it wouldn't be in the best interests of the child to go through a long drawn out custody battle. So, if a huge custodial battle is what's stopping you, DON'T let it. Especially now with his current condition.
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