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AliKat

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I am on SSDI, and have been since before my children were born (ages 2 and 3). I was not informed that my children were entitled to receive benefits as well. I called my local SSA and I have a phone consultation for each child in a couple of weeks.

My question is about back pay. The agent said I would only be entitled to 12 months of back pay. Shouldn't I be able to receive all the back pay that is entitled to me, or if 12 months is the rule, could I hire an attorney to fight for the rest of it because I was not informed? Also, how much are my children entitled to? Someone told me 50% of my benefit, but he didn't know if that was per child or total...or is it case by case or something totally different?

I am desperate for any monetary help I can get as I am getting out of a domestic violence marriage and my husband is most likely going to be unable to provide any support to us because of the criminal charges against him.

And for further down the road...I guess this is a bit hypothetical, would my husband be entitled to get any of the children's benefits if he is awarded partial custody? (I am most likely going to try for sole physical and legal custody, but I am not sure if I will be awarded that.) Ideally, I would like to be able to put any leftover money into a fund for my kids, but would my husband be entitled to some of that for his use to help with the children's expenses?

I guess I'm getting into questions to be answered in a different forum, but my husband had a good job and made a decent living for us and he will be losing his job because of his own doing, and I think it would be unfair for him to somehow make a profit out of this. It is early to tell, but it appears he may be going down the road of turning into a deadbeat in order to avoid having to provide me any money to support our children.

Sorry, maybe that was too much information.
 



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