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Social Security Survivor benefits for a stepchild

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m4d48

Junior Member
What is the name of your state (only U.S. law)? NJ
I have 1 child from my first marriage that ended in divorce. I have two children from my second marriage that ended with the death of my husband. All three children were awarded survivor benefits from Social Security. Because of the family max, the amount per child was reduced. The problem is that the child from my first marriage is moving in with his father. The child is receiving benefits from my second husband, what happens to the benefits to all three children? Will the benefits stop for the child who is leaving the household? If the benefits follow the child out of the household, will the benefits for the two remaining children increase up to the family max?
Thanks.
 


Onderzoek

Member
The family max is like a pie. It gets divided by the number of children of the worker. Doesn't matter if they take their piece of the family max pie to another house. The pie doesn't get bigger for the ones left in the other home. The relationship to the worker by his stepchild doesn't change because the child doesn't live with the mother. Your first child is still the stepchild of your second husband. The money paid for him should be paid to the parent with custody.
 

m4d48

Junior Member
Thanks Onderzoek, but shouldn't the benefit terminate since the stepchild is no longer a dependant of the deceased since they are living with their real father?
 

Onderzoek

Member
Dependent of the deceased?? The dependency test is determined before death. The stepchild can never be a dependent of the deceased. A dead person does not support anyone. An estate or an inheritance may support someone, but not the deceased.
 
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