Children receving child support and survior benefits

[peellterra22]

What is the name of your state (only U.S. law)? WA

My fiance is the biological father of three children that are now recieving survior benefits from their step-father. I have been unable to find anywhere on the site whether this is SSI fraud on the mother of the children. My fiance is current on his child-support and has maintained his legal rights as their father. Question is if this is legal or not. How can she be getting support from both sides?

 

[Ohiogal]

What is the name of your state (only U.S. law)? WA

My fiance is the biological father of three children that are now recieving survior benefits from their step-father. I have been unable to find anywhere on the site whether this is SSI fraud on the mother of the children. My fiance is current on his child-support and has maintained his legal rights as their father. Question is if this is legal or not. How can she be getting support from both sides?

This is none of your business. If there is a child support order, your fiance must pay on it. If he is concerned, he can go to court over it. And what is being done is perfectly legal. Stepchildren can receive survivor benefits.
In other words, basically butt out.


http://www.hcvadvocate.org/hepatitis/hepc/children%E2%80%99s%20benefits%20under%20social%20security_08.html

Stepchildren are eligible for Social Security benefits provided they are dependent upon the step-parent/recipient of Social Security and the step-relationship has existed for at least twelve months prior to applying for benefits. Also the child must depend on the stepparent for at least one-half of her financial support and maintenance. If the parent and stepparent divorce, the stepchild’s benefits will end the month following the month in which the divorce is final.

Also see:
http://www.ssa.gov/survivorplan/onyourown4.htm
http://www2.newsvirginian.com/lifestyles/2009/sep/10/sledge_can_stepchildren_receive_benefits-ar-300793/

Should I continue?

 

[peellterra22]

regarding the receving 1/2 of the childs support

For one you don't have to be rude. He is paying his child support which through the courts is deemed 67% of each childs support. It just doesn't seem as though you should be getting support for children from two different "fathers". I can read that stepchildren can recieve benefits the part about the biological parent paying for the children is what I can't and still can't find even with the additional links

 

[Silverplum]

She's not rude -- you're nosy.

This is not your business. Never was. Never will be.

For one you don't have to be rude. He is paying his child support which through the courts is deemed 67% of each childs support. It just doesn't seem as though you should be getting support for children from two different "fathers". I can read that stepchildren can recieve benefits the part about the biological parent paying for the children is what I can't and still can't find even with the additional links

 

[Just Blue]

For one you don't have to be rude. He is paying his child support which through the courts is deemed 67% of each childs support. It just doesn't seem as though you should be getting support for children from two different "fathers". I can read that stepchildren can recieve benefits the part about the biological parent paying for the children is what I can't and still can't find even with the additional links

What is your intent? Is it to stop the SB? Or the CS?

 

[Zigner]

What is your intent? Is it to stop the SB? Or the CS?

OP could care less about the SB. OP just doesn't want to see the money that goes to child support continuing to slip through her fingers.

 

[Ohiogal]

For one you don't have to be rude. He is paying his child support which through the courts is deemed 67% of each childs support. It just doesn't seem as though you should be getting support for children from two different "fathers". I can read that stepchildren can recieve benefits the part about the biological parent paying for the children is what I can't and still can't find even with the additional links

I wasn't rude. You are being an overstepping bed buddy however. The children have one legal father -- your boyfriend. HOWEVER, they also apparently qualify per Social Security to receive survivor's benefits due to the fact that stepfather supported them a great deal. Your boyfriend gets to continue paying child support. Why? Because he impregnated the mother and was found to be the legal father. Hence, the children deserve their actual father to support them. Regardless of what the new buddy thinks.

 

[Antigone*]

What is the name of your state (only U.S. law)? WA

My fiance is the biological father of three children that are now recieving survior benefits from their step-father. I have been unable to find anywhere on the site whether this is SSI fraud on the mother of the children. My fiance is current on his child-support and has maintained his legal rights as their father. Question is if this is legal or not. How can she be getting support from both sides?

How his children are supported is none of your business. If you marry this man, you'll have to know that HIS children come first and any offspring you produce will fall next in line.

If fact if I were these children's father, I'd be thrilled that mom has more resources in which to take care of my kids.

Does this man know you are putting his legal business out on the Internet for the world to see?

 

[Eekamouse]

It's none of your damned business if your boyfriend's kids are receiving survivor's benefits and it's beyond rude that you would be inquiring about it. You're upset about people here being rude to you? Look at yourself. Your boyfriend's children lost their stepfather and you want to get their mother in trouble for what you think is fraud? You're kind of jerk, aren't you?

 

[Onderzoek]

What is the name of your state (only U.S. law)? WA

My fiance is the biological father of three children that are now recieving survior benefits from their step-father. I have been unable to find anywhere on the site whether this is SSI fraud on the mother of the children. My fiance is current on his child-support and has maintained his legal rights as their father. Question is if this is legal or not. How can she be getting support from both sides?

Survivor benefits are not SSI so it cannot be SSI fraud.

 

[peellterra22]

I am inquiring for him because he is affraid that she may get into trouble. Not because I care how they are supported. He is looking out for what is best for his children. You are all apparently narrow minded.

 

[peellterra22]

And for another thing, he doesnt ever see the money is taken immediately for payments to CS. And I have my own job and support myself and don't give two craps where his money goes

 

[CSO286]

I am inquiring for him because he is affraid that she may get into trouble. Not because I care how they are supported. He is looking out for what is best for his children. You are all apparently narrow minded.

how does believing the children should get all the support and benefits they are entitled to make us narrow minded?

No, it is not any kind of fraud for the children to be receiving survivor benefits based on their stepfather's death and at the same time be receiving child support from their legal father.

 

[Onderzoek]

I am inquiring for him because he is affraid that she may get into trouble. Not because I care how they are supported. He is looking out for what is best for his children. You are all apparently narrow minded.

And you don't care that his money leaves your home and she gets to spend it on his kids the way she wants to spend it. Mm-hmm. And you don't see how this makes you appear to strangers. I'd suggest finding a man with no baggage, no prior involvements, no kids with another woman. Then you won't have these concerns about how she might get into trouble...as if that is really your primary concern.

 

[peellterra22]

It makes you narrow minded because you automatically assumed that I want to get her in to trouble. Which is not my concern!!! My fiance was concerned that she may have lied on some of the paperwork, since she seemed so concerned when it came time for him to file for taxes. It was just a general inqury after he had spent days trying to find the information out. There are women out there who aren't gold diggers and come with some understanging of peoples past. And lastly, since I am not going to get sucked into you people twisted way of thinking, I love his girls and don't want them to go with losing their mother because she got into trouble for lieing on government paperwork