Legal Question in Social Security Law in California
Common Usage and Social Security
Hello!
At 16 years of age my husband changed his first name, not through legal routes, but through common useage.
In 2005, at age 37, he went to DMV to renew his license and ran into problems.
He has pay stubs, tax forms, our marriage license, etc. all in this name, and obviously has gone by it for the last 23 years!
Do we have to go through the courts for a legal change, or does something else apply because of all the time that has passed?
What can be done to rectify this with DMV?
Is there another avenue to persue with Social Security?
I had to go through 2 name changes when we married. All I had to do was show my old name, to the new name, to the married name. That was in 2002 though, so I'm thinking something must have changed since.
Thank you for your time!
1 Answer from Attorneys
Re: Common Usage and Social Security
Hello!
You will need to addres the issue with SocSec via a statement under oath signed by your H which says that he has an AKA. This is an "also known as" statement. Then get a stamped copy of that back from SocSec and use it at the DMV. Tell the DMV that your H has an AKA.
Unless and until your H goes to court with a petition to actually change his name that is "kissed" and endorsed by the Court, his name is that which is on his birth certificate. You are not committing any frauduent act, but you will continue to run into problems as you have described.
I hope this has been helpful.
Regards,
Mark Geyer
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