Legal Question in Social Security Law in New Jersey

Social security for child of retiree that lives with grandparent

My daughter's father recently retired and is eligible for SS benefits. My daughter is 13 and apparently is eligible under him for benefits too. Now, since my daughter lives with my parents, and they both collect SS payments, would this have any effect on my daughter's benefit? We were not married, and his child support payments go to my mother. Another question, beside his pension, he works and according to SS, he can only make a certain amount of $ before his benefits get cut. Will her benefit get cut also if he works too much? Is her child support effected by SS payments? and finally, should my mother discontinue the child support order in favor of the SS benefit? Thanks~


Asked on 10/11/07, 6:10 pm

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: Social security for child of retiree that lives with grandparent

First, I can't answer the child support question. So your parents, should consult with a NJ child suport lawyer. There are several issues here that involve the father's income and now the child's income.

Generally, the custodial person must apply for any auxiliary benefit for a minor child. Anything that changes the primary beneficiary's benefit amount may effect the auxiliary benefit. The custodial person's income should not effect the child's benefit because that benefit is from her father.

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Answered on 10/11/07, 6:52 pm


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