Legal Question in Social Security Law in New Jersey

Benefits

Dear Mr. Guru,

My ex-husband has recently died. We were married for 13 yrs. We have one son, 18 yrs. old, who is receiving his Social Security until he leaves high school in June. My ex-husband or I never remarried and he has no other children by anyone else. My Ex-husband owed me $17,000 in child support. Since our divorce 8 yrs. ago he worked under the table until his death to avoid paying me.

My question is : When I turn 60 can I collect his Social Security while I am still working?

I would like to get that money back from him. It is his, isn't it? My Local Social Security Office isn't giving me a clear answer.

PMK


Asked on 4/20/00, 6:52 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Benefits

SS benefits are payable to surviving spouses. The fact that he owes you child support is probably not a claim in SS. However, you might be able to make a claim in his estate if he had anything of value, e.g. life insurance, etc. This would depend upon the language of your divorce decree.

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Answered on 5/19/00, 12:07 pm


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