If my children draw Social Security from their deceased mother, can that money be counted as my income in my upcoming divorce?

UPDATED: Sep 5, 2011

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If my children draw Social Security from their deceased mother, can that money be counted as my income in my upcoming divorce?

I remarried and am now getting a divorce. I also draw disability from SSA. Can my children’s SSA be counted as myincome with my current divorce from their step mother or is just my SSD alone counted?

Asked on September 5, 2011 under Family Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your present situation. The income that is allocated from your deceased wife to your children should not at all be counted as your income in a divorce proceeding.  It is THEIR money, even if you have access to it as their Father.  It is for their benefit: food, clothing, shelter - that kind of thing.  I would speak with an attorney on their behalf about this issue if you have been having the money directly deposited in to your account or yours and your present wife's account as it needs to be distinguished from your income.  You need to protect the kids in all of this.  Good luck to you.

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