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kjhunter · Oct 7, 2008, 09:19 AM

Hello, my fiancé has just been awarded the adoption of her two nephews and niece from the state of Delaware. The state has conflicting answers to the question: When your only living sibling has died and you adopt her three kids, do you get the adoption payments as well as her social security? My fiancé has been told by the state of Delaware that she gets both and that her deceased sisters social security has nothing to do with the adoption subsidy payments. Now that the adoption is final, she is being told that she only gets one, which ever is greater. Can someone please help us!! We cannot seem to get any answers from the state of Delaware. It has been a hassle with them since May 2007. By the way, the father is in prison for life without parole for murdering the kids mother (my fiancés sister) and all his rights have been revoked. Please help!! Our attorney is no help as well!! We don't know what to do!! Thank you, Kyle

ScottGem · Oct 7, 2008, 10:17 AM

Ok, I found this site:
NACAC | Adoption Subsidy

There are federal subsidies and state subsidies. To qualify for the state subsidy. The children must meet certain criteria. One of those critera is that the child must be in foster care and the custody of the state. I'm wondering if that ever happened.

If they are not eligible for a state funded subsidy, then they may fall under federal guidelines. And if that's the case, it could be why you are now being told you can't get both.

What I would do is ask your case worker to cite the exact laws they are basing their current decision on.

kjhunter · Oct 7, 2008, 10:34 AM

Thanks Scott! Yes, the children were in the custody of the state for 8 months and were in foster care that whole time. It doesn't help that in the 1 year and 7 months since her sister was killed that we've had at least 9 different case workers.

ScottGem · Oct 7, 2008, 11:42 AM

Ok, Then you do qualify for state funding. So they need to provide with the law that states you can only get the higher of the two.

kjhunter · Oct 7, 2008, 12:21 PM

So does that mean that she should get the adoption subsidy AND social security? I really appreciate your help--thank you!!

ScottGem · Oct 7, 2008, 12:23 PM

I couldn't find anything that addressed that specifically. So I can't say for sure whether what you were originally told was accurate or not. That's why you have to ask for the specific law or rule.