[stahr627]

If a man is on Social Security Disability benefits for years, fathers a child out of wedlock (baby only due to be born next month), is the child eligible for any payments based on the fact that the father is receiving SSD benefits monthly? Will Social Security require a paternity test to prove the man is truly the child's father? Also, the father is not living with the mother of the to be born child, he is living with his wife.

Thank you for any help you can give to me.

[twinkiedooter]

I don't think the child is eligible for SSD benefits. Just because you receive them does not qualify your child to receive them. If the child has a disability of their own, then that is a different story. A friend of mine was on disability and fathered a child. The woman took him to court for child support and was told that his SS check was not for use for child support and denied her request for child support from him even though he was on the birth certificate as the father. This was in Ohio not too long ago either.

[Fr_Chuck]

Yes, it is very possible that the child can receive benefits, there will need to be paternity proven. In a few states, if a women is married, the child is automatically considered the husband, so it may be a issue in some states, since the women is married to someone else.

But by federal law the child of someone on SS disability can receive

This is not child support, but supplimental social secuirty disability payment by federal government for child of someone who is disabled.

Disability Benefits

Certain members of your family may qualify for benefits based on your work. They include:
Your spouse, if he or she is 62 or older;
Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child's disability also must meet the definition of disability for adults.)