28 answers

Father's Death

I just found out my 8 year old son's father has past away about a wk and 1/2 ago. He did not have a relationship with my son so my son does not know him really. I did attempt for them to meet but he would not be home when we'd agreed. Well I recieved a letter from child support informing me that as of Aug 30,2009 my case would be closed due to his death. I only recieved 2 child support checks from him the first one was about 3 years ago and the second was last month. I am really lost about how things work as far as social security benefits is concerned. The father didn't sign the birth certificate and didn't request a paternity test so the court automatically named him the father after 30 days of not arguing paternity. Can someone please tell me who can I speak with about this. I have never asked him nor his family for financial help even though god knows I needed it to avoid any bad confrontations. But now I want my son to get what he is entitled to. Please help my with this cituation I can't even get any info. online as to when he past away or what number do I call to see if my son's meets the requirements. I would really appreciate any advice I'm given.

What can I do next?

Featured Answers

Contact Ido, an attorney who works with this kind of stuff. He is a good person and very trustworthy. Tell him S. of BNI referred you. He can help you or direct you.

Best of luck! S.

his email is: ____@____.com

More Answers

Hi,

My husband died last year, leaving me with 2 kids to raise by myself, so I understand what you're going through. Your son is entitled to SSI until he is 18 years old based on what his father has earned throughout his life, so if he worked and paid taxes and earned any kind of decent wage, you will get a good monthly check for your son. Call the Social Security administration at (800)772-1213 and report his death. Make sure you have his Social Security number if available. It doesn't matter if you went after him for support or not, if the court named him the father of your son, then he's the father...PERIOD. You will have to submit some information like your son's birth certificate and Social Security card, etc. They will most likely set up a meeting at one of the local offices for you to sign everything etc., and they you will get checks (direct-deposited if you choose) on the 3rd of every month starting retroactive from the father died. Also, were you ever married to this man? If your were, even if you're divorced now, if you don't earn enough money alone, you're entitled to widow's benefits until your child is 16 years old. Also, the benefits for your son are NOT TAXABLE, so all that extra income, maybe $8,000+ per year will be nontaxable, and you'll qualify in a lower income bracket for taxes then you're actually receiving. If you have any more questions, I'd be happy to help you. Good luck, and be persistent!

2 moms found this helpful

All of the previous advice seems sound, but I would also contact the child support agency that sent you the letter saying they were closing your case, IMMEDIATELY. The state can file a lien against his estate for the arrearage he owes you. However his estate is handled (probate, etc) there will be a lien in place so that you get the past due money from whatever assets he may have, just like they can file a lien with the IRS and they can take his tax refund.

Contacting social security is also a good idea, to find out about whatever social security benefits he is eligible to receive and what you will need in order to obtain them... I'm guessing a copy of his death certificate and a copy of the court ordering establishing paternity of your child. Just FYI, he didn't HAVE to sign the birth certificate OR have a paternity test done. If the court adjudicated him the father (established paternity) then he is, regardless of whether or not he acknowledged or agreed to it. And if the court established a child support obligation, then I can assure you, there is a line in there establishing paternity as well....
Good luck to you.

2 moms found this helpful

If he is the legal/birth certificate listed father, I believe you can file for Social Security and other benefits. I would also pay attention to who files his probate case. You may have some relief there, if there are life ins.policies. The end result, you may want a quick consult with an attorney for ALL your options.

1 mom found this helpful

Your son should be entitled to part of his fathers estate seeing there was a court order for him to pay child support. You should contact your case worker right away.
Then get a good lawyer, there are lawyers that will take the case for free and only get paid if they win.
Also you son should be entitled to social security through his father until he reaches 18 years of age. Contact social security. But first you have to get a copy of the death certificate.
I was a single Mom most of my girls lives and they turned out great. We did not have the help of family. I moved the girls and I to Florida for our saftety as their father was a physco. Be glad you have the help of your family.
The longer you put off contacting the case worker and social security the greater the risk of not getting any help at all. Do it today, now!!!!!

1 mom found this helpful

Hi C.,

Is your child support case being handled by the state of FL?
If it is, please give me a call at ###-###-####. I can tell you right now that the state of FL sucks at enforcing child support orders. I have a remedy for this though and would like to share it with you.

1 mom found this helpful

It sounds like you need to speak with an estate/probate attorney. They know all the legal stuff regarding death, cost etc.

Be fore-warned that the family may want to have a paternity test done, before they will allow you to lay claim to any financial gain.

Depending on how much money & life insurance he had, if any it may cost you more than what you get out of it. Which is why your need to speak with an attorney.

1 mom found this helpful

Hi C.
Wow sad to hear that your sons father did not give him a chance to meet him but unfortunately it has been his loss (don't mean to be cold). But anyways you need to go to your nearest social security office and take all necessary documents to open up a claim. If the court ordered him to pay child support i'm pretty sure he is entitled to get bnfts from his father. Do it as soon as possible and find out being that child support agency enforced him to pay child support maybe your entitled to all the $$'s he owes you. If ss denies the bnfts you need to appeal it. Get what your son is entitled to. I don't know if you yourself can order a copy of his death certificate but try to find out. I also don't know the situation if his family ever tried to have some type of communication with your son but if they want to have it now, give them the chance even if you don't agree and even though they haven't been there for your son. Give your son at least that chance so he doesn't grow up not knowing his dads background & family. Let your son decide when he grows up if he wants to continue having any type of contact with them.
Good Luck
R.

1 mom found this helpful

I was in a similar situation when my son was 4 yrs old - no contact and no child support. I can tell you that your son should be eligible for SS Benefits - you need to apply for the SS Benefits which requires you to provide a cc of the Death Certificate - I'm not sure how the state calculates the benefits - believe its depends on how much the Father has pd for SS thru his employers. Your son should be eligible for these monthly benefits until he is 18 yrs old. Hope this helps and good luck to you.

1 mom found this helpful

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