Legal Question in Social Security Law in New Jersey

My daughter lives in NJ and is pregnant by her fiance who recently died of an over dose. When the baby is born in 2 months should she take his last name for the baby or hers? Is the baby entitled to SS benefits eventhough the father worked on the books only one year of his life. Thank You


Asked on 9/10/10, 5:45 am

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Last name is unimportant but she should name him as the father on the birth certificate. Be sure you have his SS#. SSA may require other proof of paternity.

You do not state how old the father was and that's important to determine eligibility. To be eligible for a Social Security benefit the wage earner must have paid in and earned credits. The number required for eligibility depends on age.

If the father has earned sufficient credits, there should be a benefit for the child. The monthly amount of the benefit depends on how much he paid in. If the father has not earned sufficient credits, there is no benefit for the child.

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Answered on 9/15/10, 7:31 am


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