How SSDI Benefits for Your Minor Child Are Affected by Divorce

 Posted on October 17, 2016 in Family Law

The Social Security Administration provides disability benefits for individuals who qualify to receive them. This coverage is known as Social Security Disability Insurance (SSDI). Parents who receive SSDI can also receive coverage for their children to help cover the costs of raising a child while being too disabled to earn a sufficient income. Like all other forms of income, one's SSDI benefits can be affected by his or her divorce. This can, in turn, affect your child's SSDI coverage. If you are an SSDI recipient with a minor child who receives SSDI coverage and you are considering filing for divorce, discuss this with your divorce lawyer.

How Divorce Affects SSDI Benefits for Minor Children

Any biological child, adopted child, or stepchild under the age of 18 or up to age 19 if he or she is a full-time student can receive coverage of up to 50 percent of his or her parent's SSDI benefits amount as long as the child is not married. This type of coverage is known as auxiliary benefits. In certain cases, the grandchild of an SSDI recipient can also receive auxiliary SSDI benefits.

If you or your former spouse is an SSDI recipient, your child will continue to receive his or her coverage after your divorce. As a former spouse of an SSDI recipient who is tasked with the majority of your child's parenting time, you can receive auxiliary SSDI benefits until your child turns 16. This coverage continues until your child is no longer eligible to receive it. If you were married for at least 10 years, you too can receive SSDI auxiliary benefits when you turn 62 unless you remarry before then or become eligible for SSDI coverage on your own.

Survivor Benefits for a Child of Your Former Spouse

When an SSDI recipient dies, his or her loved ones and former spouse may receive survivor's benefits. If you are the parent of a minor child who is eligible to receive survivor's benefits following his or her other parent's death, you may receive up to 75 percent for your deceased former spouse's SSDI coverage unless you are ineligible to receive this coverage for a reason such as your own remarriage or your own qualification for SSDI benefits.

Work With a Kane County Family Lawyer

If you are a parent who receives SSDI benefits, you may be able to receive benefits for your child as well. To learn more about this and how your divorce and subsequent division of parental responsibilities can affect the SSDI coverage you receive for your child, speak with an experienced Kane County family attorney. Contact our team at The Goostree Law Group today to schedule your initial consultation with a member of our firm. We can answer any questions you have and help you work out the often complicated process of seeking coverage for your child after your divorce or your former spouse's death.

Source:

https://www.ssa.gov/planners/disability/dfamily4.html