California Family Law Attorney
3 entries found. Viewing page 1 of 1.  
April 25, 2010
  What SOCIAL SECURITY BENEFITS may be paid to CHILDREN?
Posted By Thurman Arnold
Q. My former husband is very ill. If he dies, what Social Security Benefits may our two children be entitled to?


Social security benefits may be paid to children when one parent becomes disabled, retires, or dies. To be eligible, the child must be the contributing spouse's biological child, adopted child, stepchild, or a dependent grandchild and under the age of 18 or, if still in high school, under the age of 19 (unless the child is disabled).

The child must have one parent who is disabled or retired and entitled to SS benefits or have a parent who died after having worked long enough to have themselves qualify for benefits. A child may receive up to one-half of the contributor's retirement or disability benefits, or 75 % of the deceased parent's basic Social Security benefit (up to a family maximum).

If a stepchild is receiving benefits, and the contributing spouse divorces the child's parent, the stepchild's benefits will end the month after the divorce becomes final.

Social Security Disability Insurance (SSDI) provides benefits based upon disability. These benefits depend upon prior work and Supplemental Security Income (SSI). Disability benefits may be paid, if there are sufficient work credits, to blind or disabled workers, widows and widowers, or adults who have been disabled since childhood who are otherwise not eligible to qualify for benefits. The amount of the monthly benefit depends upon the Social Security earnings record of the worker.

SSI payments are based upon financial need to adults or children who are disabled or blind, have limited income and resources, meet certain living arrangement requirements, and who are otherwise eligible. Monthly benefits vary up to a maximum federal benefit rate, which is sometimes supplemented by the state.

Need more information about Social Security and support obligations?

Thurman W. Arnold III


Continue reading "What SOCIAL SECURITY BENEFITS may be paid to CHILDREN?" »

Permalink  | Comments()
 
April 25, 2010
  What SOCIAL SECURITY BENEFITS are paid upon the DEATH of a SPOUSE after DIVORCE
Posted By Thurman Arnold
Q. What widow's benefits exist from Social Security if my former spouse dies?


In order to qualify for derivative widow (widower) Social Security benefits, a couple must have been married for at least 10 years and the contributing spouse must have been fully insured through Social Security at the time of his death (the contributor must have paid into the system for at least 40 quarters).

In order to qualify for widow benefits, a surviving divorced spouse must be at least 60 years of age (or at least 50 years if disabled), and not have remarried again before age 60.

To prevent a loss of survivor benefits a former spouse who is nearing age 60 and considering remarriage should delay the wedding until after their 60th birthday. However, remarriage doesn't preclude eligibility for disabled surviving spouses or disabled divorcing spouses who remarry between ages 50 and 59.

Unlike what is received by way of derivative benefits on account of a former spouses still living - which is 50%, upon the former spouse's death the derivative spouse is entitled to 100% of the benefits the former spouse was receiving. What a widow receives depends upon their age: This amount is between 70% at age 60 and 100 % at age 65.

Want to read more blogs about Social Security and the effects of divorce?

TW Arnold


Continue reading "What SOCIAL SECURITY BENEFITS are paid upon the DEATH of a SPOUSE after DIVORCE" »

Permalink  | Comments()
 
April 25, 2010
  SOCIAL SECURITY BENEFITS and REMARRIAGE for divorced spouses
Posted By Thurman Arnold

Q. I would like more information on my social security benefits in divorce if I remarry.


A divorced person may receive social security benefits in one of two ways: (1) upon retirement based upon that spouse's own contribution to the Social Security system or (2) as the spouse of a contributor, so long as the marriage was not dissolved before the end of ten years and the divorced spouse has not remarried (so-called "derivative benefits"). Persons entitled to either set of benefits receive the higher amount. Derivative benefits do not come out of the contributing spouse's pocket.

Derivative benefits depend upon the former spouse's eligibility for benefits (whether or not they receive them yet), which requires that the other spouse is at least 62 years of age and fully insured (having contributed to Social Security for 40 quarters and thus qualifying for full benefits). This fact is important for dependent spouses who are older than the contributing spouse. In order to receive benefits, the dependent spouse must be at least 62 years of age and unmarried.

In the dependent spouse does remarry, he or she becomes ineligible for derivative benefits from a former spouse. If he or she divorces again, they become eligible for derivative benefits again, including the new marriage so long as the marriage lasted for 10 years. In situations of multiple 10 year marriages, the dependent spouse is entitled to the highest benefits of a former contributing spouse. Qualifying remarriages include a legal marriage, common law marriages where recognized, and "deemed marriages" - where a person in good faith went through a marriage ceremony but the marriage somehow did not qualify as a legal marriage under the laws of a particular state.

Need more information about how divorce affects Social Security benefits?

T. Wesley Arnold III
Continue reading "SOCIAL SECURITY BENEFITS and REMARRIAGE for divorced spouses" »

Permalink  | Comments()
 
3 entries found. Viewing page 1 of 1.