Judy
Gold Post Medal for All Time! 677 Posts December 3, 20181 found this helpful
These are questions for social security. If her mother worked long enough and made enough she would be eligible for survivor benefits.
I would consult a lawyer about her emancipation and where she should be living. If you cant afford a lawyer contact the Legal Aid Society.
Pghgirl40
Bronze Feedback Medal for All Time! 196 Feedbacks December 4, 20181 found this helpful
You have my sympathy on the loss of your daughter's mom. Very sad.
This can be very complicated so I suggest starting with the social security administration:
www.ssa.gov/.../
I would also try to develop a good relationship with the mom's fiance so you both have your daughters interests protected and that if she is due any money, that it is used wisely and is protected.
You may also want to have a good lawyer on your side.
Your state senator can help you work though some of the government red tape. Their services should be free. I found mine by Googling my town, and the phrase state senator.
Prayers for all!!
December 5, 20180 found this helpful
This is a sad situation but may I ask if you have ever had very much interaction with your daughter since your divorce? If not, could this be one of the reasons she prefers to stay with her mother's boyfriend?
This may not be a situation that will find favor with attorneys or a judge (but then, I do not know about the living conditions of either party).
- Is it possible she thinks that if she is emancipated she will have more freedom to do whatever, whenever she wants? Sadly, this is what so many young people think.
- Does she really know the ends and outs of being emancipated?
- Here is a list of some things she should consider and the things the court will look at:
- Able to support yourself financially
- Living apart from your parents or have made other living arrangements
- Able to make decisions for yourself
- Attending school or have a diploma and
- Mature enough to function as an adult.
- whether the minor can be financially self-sufficient (usually through employment, as opposed to government aid or welfare)
- whether the minor is currently living apart from parents or guardians or has made alternative living arrangements
- whether the minor is sufficiently mature to make decisions and to function as an adult, and
- whether the minor is going to school or has received a high school diploma.
- www.nolo.com/.../emancipation-of-minors-32237.html
- ctlawhelp.org/.../a-teenagers-guide-to-emancipation
- Serious move.
- You do not mention support but if you are required to pay support then you should seek legal advice as this could change.
- Who has legal guardian rights? No one probably.. That may be something the court will look at also.
- You ask if she can get Social Security benefits that her mother had.. No she cannot but she may qualify for survivor's benefits but that would be based on what type of SS benefits her mother was receiving.
- If her mother was on SSI then no, there would not be any benefits for her.
- SSDI benefits - yes she might qualify.
- Retirement based on wages her mother earned - yes, she could be qualified.
- Check this link information:
- www.ssa.gov/.../EN-05-10085.pdf
- You need to go to the SS office and ask these questions as no one on this site can tell you about this type of benefit. You will need your daughter's SS number or your wife's SS number, your SS number, your wife's death certificate to be able to get answers to your questions.
- All of these questions are very serious so you should try to get help from an attorney. Call your local family services office or Financial Aid office but I would suggest you go to the SS office first.
