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I am divorced, have minor children, and was recently found “disabled” by Social Security. Are my children entitled to receive benefits? Will my retroactive benefit offset my past due child support obligation?
These are excellent questions. The short answer is that your children are most likely entitled to benefits since you were found “disabled” and entitled Social Security Disability (SSD) benefits. Under social security rules minor children are entitled to receive benefits when a parent receives SSD benefits. There are limitations on the duration and amount children can receive under a parent’s benefit. Additionally parents should note that social security may offset past due child support obligations depending upon the onset of the disability and when the arrearage began accruing.
Each child may receive up to one-half of the parent’s full disability benefits. However, social security places a maximum family benefit on all families that receive SSD benefits. The maximum family benefit ranges from 150%-180% of the eligible parent’s benefit amount. For example, if Sam is disabled and receives SSD benefits of $1200.00 per month, and has two minor children whom also are eligible to receive benefits under Sam’s disability, then the most that Sam’s family can receive is capped at $2,160.00 ( 1,200.00 x 180%). Sam’s children may receive up to, and including, $960 per month combined, based on his benefit amount. If Sam only had one child, that child may be able to receive a maximum of half Sam’s monthly benefit, or $600.00 per month. Now that we have reviewed the amounts children may receive, we should consider for how long they may receive benefits.
Under social security rules Sam’s children may receive benefits so long as they are not married and under the age of 18. Once the child reaches the age of 18 the benefit will discontinue unless the child in enrolled in elementary or secondary education. If the child is enrolled is elementary or secondary education, then his or her benefits will continue until the child graduates, or two months after that child reaches the age of 19, whichever occurs first.
Another point to note is that many parents have difficulty managing child support payments while waiting for a disability determination by social security. In these instances, an arrearage accrues since the parent is unable to work and meet the support obligation. Note that under Ohio law, retroactive disability benefits apply to offset the arrearage accrued after the onset of the disability. Therefore, if Sam has a child support arrearage that began accruing after his disability onset date, then Sam’s retroactive social security benefit to which his children are entitled would offset the amount of child support Sam owes from the onset of the disability to the present time. The ongoing child benefit that Sam’s children receive would go to satisfy his present support obligation.
In conclusion, children are entitled to receive social security benefits under their parents’ eligibility subject to certain conditions. Additionally, these benefits may offset past due child support obligations which accrue after the onset of the parent’s disability.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office.