Eligibility for Social Security Benefits Without Child Support Order

My ex and I were never married. We have two children together, but there has never been a child support order. He can retire in a few years. When he retires, will my kids be eligible for SS dependent benefits on his account? Or does there need to be a child support order in place for them to receive benefits? Will he be required to provide that information about his dependent children? I can guarantee if he thinks he can get away with not reporting he has dependent children, he will. Can I apply for them?

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May 4, 20190 found this helpful

You will need to ask this to SS. However, most likely his name will need to be on their birth certificates.

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May 4, 20190 found this helpful

However, just because he retires doesn't mean the kids should get SS.

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May 4, 20190 found this helpful

Cases vary and social security decides on an individual basis. Make an appointment and bring any supporting documentation.

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May 4, 20190 found this helpful

There are so many questions that may have to be answered and if your children are deemed eligible for support you will probably need an attorney to help you prove it to Social Security.

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1.) How old are the children? Benefits are only paid through completion of high school or up to 19 years of age.
2.) Does his name appear as the father on their birth certificates?
3.) It appears you and the father do not live together as a family at the present time?
4.) Has he ever paid support? Voluntarily? Any proof of this support (if paid)?
5.) Does he provide insurance or any other type of support?
6.) If he has never paid support, why do you need it now?
7.) You may have to have DNA tests conducted to prove paternity.
8.) Are you married to someone else who has been supporting the children?
9.) Do the children use his surname or ??

You should seek legal help with this as some of these questions will definitely have to be answered and it would be better to know all the facts/problems before going to SSA.

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If you cannot afford an attorney you should seek assistance through your local family services.

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