Social Security Disability for Stepchild

[nvlady]

What is the name of your state (only U.S. law)? Ohio and Nevada

I wanted to know my best course of action... and there are many factors to consider. My daughters biological father pays his child support (most of it). The order is in the state of Ohio. He sends threats to me and I had to block him from our 10 year olds cell phone for sending cruel text messages. He's only met her once and he's never tried to see her. He is currently in arrears about $9k.

All that being said my current husband and I (married 1.5 years) are wondering if it wouldn't be best if he adopt her. Her biological father would sign her away in a heartbeat. We can't meet bills as they stand now without the child support EXCEPT there may be an alternative. My husband is on Social Security Disability and he probably won't ever come off it (he has been on it 2 years). He does work part time (everything is reported) and I am the main wage earner. I am a little confused on the child eligibility requirements. I know the child has to be a "dependant" and the relationship needs to exist for over a year... but does my husband have to contribute half her expenses for an entire year or just at the time that we file for benefits? Right now since she gets child support I can't prove that my husband pays half of her expenses. Someone at work suggested we try to take the child support and the Disability and I just don't think it works that way. At least it shouldn't, I hope.

My questions;
If my husband adopts my daughter can she claim the social security benefit?
Would her biological father have to pay the arrears if he agrees to allow the adoption?

I read that the Social Security Disability Child benefits end at age 16, whereas child support would end at age 18. I am aware that the Social Security Disability benefits are probably less than what she gets for child support (he pays $666 instead of the $675 ordered). There is a distinct possibility that my husband may not even live until she is 18. Another important piece, we live in the state of Nevada and Nevada has laws to force Step parents to pay child support. I don't know if that helps or hurts the situation or is completely irrelevant. (NV has no jurisdiction over the biological father)

Thanks, in advance, for your thoughtful replies.What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? Ohio and Nevada

I wanted to know my best course of action... and there are many factors to consider. My daughters biological father pays his child support (most of it). The order is in the state of Ohio. He sends threats to me and I had to block him from our 10 year olds cell phone for sending cruel text messages. He's only met her once and he's never tried to see her. He is currently in arrears about $9k.

All that being said my current husband and I (married 1.5 years) are wondering if it wouldn't be best if he adopt her. Her biological father would sign her away in a heartbeat. We can't meet bills as they stand now without the child support EXCEPT there may be an alternative. My husband is on Social Security Disability and he probably won't ever come off it (he has been on it 2 years). He does work part time (everything is reported) and I am the main wage earner. I am a little confused on the child eligibility requirements. I know the child has to be a "dependant" and the relationship needs to exist for over a year... but does my husband have to contribute half her expenses for an entire year or just at the time that we file for benefits? Right now since she gets child support I can't prove that my husband pays half of her expenses. Someone at work suggested we try to take the child support and the Disability and I just don't think it works that way. At least it shouldn't, I hope.

My questions;
If my husband adopts my daughter can she claim the social security benefit?
Would her biological father have to pay the arrears if he agrees to allow the adoption?

I read that the Social Security Disability Child benefits end at age 16, whereas child support would end at age 18. I am aware that the Social Security Disability benefits are probably less than what she gets for child support (he pays $666 instead of the $675 ordered). There is a distinct possibility that my husband may not even live until she is 18. Another important piece, we live in the state of Nevada and Nevada has laws to force Step parents to pay child support. I don't know if that helps or hurts the situation or is completely irrelevant. (NV has no jurisdiction over the biological father)

Thanks, in advance, for your thoughtful replies.What is the name of your state (only U.S. law)?

Could you please point me to the law stating a stepparent must pay child support for a child not their own?

 

[nvlady]

Could you please point me to the law stating a stepparent must pay child support for a child not their own?

Maybe that's been updated. Sorry. I found a few websites last night that mentioned it and now that you posted that question I tried to find the answer and found this as the basis;

(9) Nev. Rev. Stat. Ann. § 62.044 (1996) (stepparent liable to same extent as parent for neglect and dependency of child);

But when I look at the NRS I see it was repealed in 2003 so it must be outdated. It probably doesn't matter anyway.

I think it goes back to "never treat everything you read on the internet as fact" My apologies.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio and Nevada

I wanted to know my best course of action... and there are many factors to consider. My daughters biological father pays his child support (most of it). The order is in the state of Ohio. He sends threats to me and I had to block him from our 10 year olds cell phone for sending cruel text messages. He's only met her once and he's never tried to see her. He is currently in arrears about $9k.

All that being said my current husband and I (married 1.5 years) are wondering if it wouldn't be best if he adopt her. Her biological father would sign her away in a heartbeat. We can't meet bills as they stand now without the child support EXCEPT there may be an alternative. My husband is on Social Security Disability and he probably won't ever come off it (he has been on it 2 years). He does work part time (everything is reported) and I am the main wage earner. I am a little confused on the child eligibility requirements. I know the child has to be a "dependant" and the relationship needs to exist for over a year... but does my husband have to contribute half her expenses for an entire year or just at the time that we file for benefits? Right now since she gets child support I can't prove that my husband pays half of her expenses. Someone at work suggested we try to take the child support and the Disability and I just don't think it works that way. At least it shouldn't, I hope.

My questions;
If my husband adopts my daughter can she claim the social security benefit?
Would her biological father have to pay the arrears if he agrees to allow the adoption?

I read that the Social Security Disability Child benefits end at age 16, whereas child support would end at age 18. I am aware that the Social Security Disability benefits are probably less than what she gets for child support (he pays $666 instead of the $675 ordered). There is a distinct possibility that my husband may not even live until she is 18. Another important piece, we live in the state of Nevada and Nevada has laws to force Step parents to pay child support. I don't know if that helps or hurts the situation or is completely irrelevant. (NV has no jurisdiction over the biological father)

Thanks, in advance, for your thoughtful replies.What is the name of your state (only U.S. law)?

If your husband were to adopt the child she would be eligible for children's benefits under his social security disability.

The benefits would go to age 18, not 16.

 

[mistoffolees]

If your husband were to adopt the child she would be eligible for children's benefits under his social security disability.

The benefits would go to age 18, not 16.

But, as always, you have to consider:
1. If you divorce, your husband would be the one paying child support, not your ex. Is he OK with paying CS?
2. If you divorce, your husband might be the one to get custody of the child. Are YOU OK with that?

Seriously, adoption is seen as a solution to a lot of problems in cases like yours, but it rarely is.

 

[CSO286]

If your husband were to adopt the child she would be eligible for children's benefits under his social security disability.

The benefits would go to age 18, not 16.

According to what I've found, it might also be possible for child to qualify for benefits under stepdad even without the adoption.

(I had once case where the child recieved death benefits after a the steparent died, and the CP was still getting support from the child's father.)


From: Benefits For Children

Who can get child's benefits?
Your child can get benefits if he or she is your biological child, adopted child or dependent stepchild. (In some cases, your child also could be eligible for benefits on his or her grandparents’ earnings.)

To get benefits, a child must have:

•A parent(s) who is disabled or retired and entitled to Social Security benefits; or
•A parent who died after having worked long enough in a job where he or she paid Social Security taxes.
The child also must be:

•Unmarried;
•Younger than age 18;
•18-19 years old and a full-time student (no higher than grade 12); or 18 or older and disabled. (The disability must have started before age 22.)

SSA defines a child as:

We use the term "Child" to include your biological child or any other child who can inherit your personal property under State law or who meets certain specific requirements under the Social Security Act; such as:

•a legally adopted child,
•an equitably adopted child,
•a stepchild, or
•a grandchild.
See Benefits for additional information.

Social Security Online - Glossary of Social Security Terms

 

[LdiJ]

But, as always, you have to consider:
1. If you divorce, your husband would be the one paying child support, not your ex. Is he OK with paying CS?
2. If you divorce, your husband might be the one to get custody of the child. Are YOU OK with that?

Seriously, divorce is seen as a solution to a lot of problems in cases like yours, but it rarely is.

I think that you meant "adoption" rather than "divorce".

I was only intending to address the issue of the social security benefits.

I do agree that those are questions that have to be considered. However, I also believe that adoption is something that should not happen until the marriage is long enough and solid enough that it is likely to be a long term marriage, or likely to at least last through the child's childhood.

The child is 10 and they have been married 1 1/2 years. If, in four or five years they are still going strong, and the child also wants the adoption, then more power to them.

 

[OHRoadwarrior]

The problem is the child is not dependent on the recipient. Mom and real dad provide the child's support. Claiming otherwise would be fraudulent.

 

[LdiJ]

The problem is the child is not dependent on the recipient. Mom and real dad provide the child's support. Claiming otherwise would be fraudulent.

The way it was explained to me was if the stepparent or grandparent provided a substantial portion of the child's support, prior to becoming disabled, and if the child's quality of life would be significantly impacted by the loss of that support, that the child could possibly qualify for children's benefits.

That's a little different than the way that you are assuming it works. Not a whole lot different, but a little different.

 

[OHRoadwarrior]

OP's hubby was on disability before the marriage. Therefore he did not provide the support at a higher level beforehand.

 

[LdiJ]

OP's hubby was on disability before the marriage. Therefore he did not provide the support at a higher level beforehand.

Correct, which means that the child probably would not qualify for benefits unless he adopts her.

However, its really too soon for them to be contemplating adoption.

 

[nvlady]

OP's hubby was on disability before the marriage. Therefore he did not provide the support at a higher level beforehand. Correct

The benefits would go to age 18, not 16.

This is where it says 16; http://www.socialsecurity.gov/pubs/10085.pdf But maybe I read it wrong. Maybe "a child in your care" is intended as a nephew or someone other than a stepchild.

I do value the divorce consideration. I just can't see it in our case, which I am sure is something all newlyweds would say. I will make sure we discuss divorce and results if he is to adopt her. He has no children of his own and we've been told he probably never will. We are both under 40 but we are also both in poor health.

There are many things to consider including other pieces like health insurance. I've always been the provider of her health insurance even though bio dad was ordered to get her some and didn't... but my husband won't ever be able to provide it because he has Medicare.

If something were to happen to me we would rather her stay with my husband or my sister. I don't feel biodad would take good care of her but would probably be interested in accessing life insurance money.

I think it had just seemed like a good solution because of bio dad's attitude. Some people say I have a great situation since bio dad pays and has nothing to do with her, but I'm kind of scared of him.

Thanks everyone for your help!

 

[mistoffolees]

I think that you meant "adoption" rather than "divorce".

Yep. Corrected.