Social Security Disability and Back Child Support

My ex-husband died owing $90,000 in back child support for my daughter. He remarried and has two children under the age of 18. He was on Social Security Disability when he died. My daughter is now 27 years old. I wanted to know if she could receive his Social Security benefits.


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June 14, 20180 found this helpful

The statute of limitations may have passed. You need to make an appointment with social security and being all proper documentation.

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June 14, 20180 found this helpful

Thanks for the info.

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June 14, 20180 found this helpful

Legal questions (like this) can only be answered by someone at your Social security Administration as there are too many variables and each case is different. Call SS and make an appointment so maybe the wait time will be less.

  • Prepare for your visit to SS by gathering all of your legal papers concerning support for your daughter.
  • Mainly, divorce papers showing he was legally supposed to pay support and the amount. Also, any papers where you filed for back support payments (or filed for the court to make him pay support) as those dates may be important (but go to SS even if you never filed).
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  • Do you know if his other children (under 18) were or are now receiving SS benefit checks?
  • You say Social Security Disability but there are two kinds of SS disabiity - SSI and SSDI - and they are very different in how they work. The SSA will tell you what type of disability he was on (if you are legally entitled to know) and that may be the deciding point as to whether you can file for back support payments.
  • Your daughter is over 18/19 so she cannot draw support from his social security account no matter what program he was on but you may be able to file for back support payments.
  • You have all of the information so go to the SS office and ask your questions and do not take anyone else's advice about what you can or cannot do.
  • The only other recourse would be if he had any money or property when he died as if he did, then you may be able to file for back support payment but you would need an attorney to do this.
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  • If you cannot afford to pay an attorney, you can check with your local family services and they should be able to help you find a free attorney.
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June 14, 20180 found this helpful

If you don't get anywhere on your own and need further guidance, we have used our state government representative's (Senator) office to help us get to the right places to fix our challenge. Ours even had a free notary!

I found mine rep by putting the search into Google state senator + (my town name). It came right up and the office was less than 5 miles from my house (on a bus line even).

They were amazing and helped us 3 times now with various issues. They can even give you info about legal aide if you can't afford legal counsel on your own).


Our tax dollars pay for the service so why not take advantage of it!

Good luck!!! Hope it all works out for you! These things can be SO challenging...that is why it helps to get the experts involved!

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