Legal Question in Social Security Law in Maryland

SS for my son.

If my wife recieves social security for my son and we are seperated does the money stop when he is 18 or when he finishes school. For example, he is 16 and wants to stop school. do I still pay if he is out? Thanks.


Asked on 11/07/07, 6:23 pm

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: SS for my son.

I may need more information but I will answer by assuming that your child is receiving SSI because he is disabled & payments are made to his mother, the custodial parent.

If this is not the case, you need to re-post explaining what kind of SS benefit he is receiving.

Here is what SSA says:

"When a child reaches age 18

A child�s benefits stop with the month before the child reaches age 18, unless the child is disabled or is a full-time elementary or secondary school student and unmarried. About three months before the child�s 18th birthday, you will get a letter explaining how benefits can continue. We also will send the child a letter and a student form.

If your child�s benefits stopped at age 18, they can start again if he or she becomes disabled before reaching age 22 or becomes a full-time elementary or secondary school student before reaching age 19. The student needs to contact us to reapply for benefits.

If your 18-year-old child is still in school: Your child can receive benefits until age 19 if he or she continues to be a full-time elementary or secondary school student. When your child�s 19th birthday occurs during a school term, benefits usually can continue until completion of the term, or for two months following the 19th birthday, whichever comes first.

You should tell us immediately if your child marries, is convicted of a crime, drops out of school, changes from full-time to part-time attendance, is expelled, suspended or changes schools. You also should tell us if your child has an employer who is paying for your child to attend school.

In general, a student can keep receiving benefits during a vacation period of four months or less if he or she plans to go back to school full time at the end of the vacation.

If your child is disabled: Your child can continue to receive benefits after age 18 if he or she has a disability that begins before age 22. Your child also may qualify for SSI disability benefits. Contact us for more information."

You also ask "..he is 16 and wants to stop school. do I still pay if he is out?"

If you are asking whether you remain obligated to pay child support if the child drops out of school, I cannot answer that question. Please re-post it under your state's child support or family law section.

When you re-post, mention that the child has a disability (again I make that assumption) and is receiving SSI as that may change your support obligation.

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Answered on 11/07/07, 7:48 pm


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