Child Getting Support and Social Security from Father and Stepfather

My younger child has my ex-husband's last name. He is not her father. She gets Social Security from him due to her last name and he is on her birth certificate. But she also gets child support from her real father. A lawyer in court told me this is legal in the state of Louisiana.

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The issue is my ex didn't want to sign papers stating she is his real daughter and the real father didn't sign to say no! She gets from both recently as the real father had a paternity test too see if she is his. Now I get from both. Should I report the situation to the Social Security office or just stop child support!

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May 10, 20180 found this helpful

This is certainly an unusual situation and you do not want to place yourself in a position to have to repay any of this money if it turns out it was not entirely "legal".

  • Did the attorney give you something in writing stating this was legal in Louisiana?
  • Is your ex-husband disabled or retired?
  • Social Security is a federal government agency and the same rules apply in all 50 states but there may be a loop-hole that the attorney is talking about.
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  • Social Security is the only place you can receive the correct information and if they make changes then you will have to abide by their decision.
  • After SS makes their decision then you can deal with the support issue as that may change but the SS issue is much more important than the support issue.
  • You should take all papers with you when you visit SSA so that you will not have to make several trips. Be sure to take everything pertaining to your marriage and everybody's SS numbers.
  • The reason all of this is important is because you are dealing with 2 "fathers" and either one may decide to take the matter to court to try and make changes.
  • If the "father" that has his name on the birth certificate did not know it was not his child when he signed it is possible he would have a case in court should he decide to go that route.
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Do the smart thing and get ahead of the game by going to the SSA and get the correct information so you will know where you stand should any other problems arise in the future.

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May 10, 20180 found this helpful

Dont say anything to social security until you speak to your lawyer. I dont think anyone here can give you the correct answer

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May 10, 20180 found this helpful

Talk to an attorney and SS. But SS has nothing to do with child support. You can get child support even from a step parent, and you can get SS from a step parent. You just can NOT get SS from both a parent and step parent at the same time. A judge can order a step parent to pay child support if they had assumed the parental role. I know of several instances this has happened in.

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Anonymous
May 11, 20180 found this helpful

Yes i received SS first then then ghe chuld support started. Either way , SS benefits she has been getting since age 5.

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Thank you

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May 10, 20180 found this helpful

you definitely want to get it sorted lest you get accused of fraud, something that they're clamping down on a lot. I understand it is not fraud but an unfortunate circumstance but the bureacrats might have something else to think about it

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