I am a 65 year old non-custodial divorced parent, with a 15 year old minor child.
Can I retire early and claim benefits for my minor child, even if his Mother is claiming him
as a dependent on her tax returns? Or the term "dependent" not he same in the two cases?
This affects taxes, the Healthcare exchange, future scholarship applications and many other issues.
I am hoping I can find good employment and then suspend benefits. Thanks so much.
Hi,
The definition of a dependent is different for taxes than it is for Social Security benefits. If your child is your biological child, then he or she would be deemed dependent on you for purposes of Social Security benefits. However, if you file for your benefits that doesn't mean that you could also collect child benefits for your child. Child benefits belong to the child who qualifies for the benefits. If the child is a minor child, Social Security appoints a representative payee to handle the child's benefits. The benefits are to be used for the child's current needs or saved for their future needs.
A parent with custody is highest on Social Security's priority list of people to be appointed to act as payee for a minor child. The reasoning is that a parent with physical custody is in the best position to determine the child's needs. Therefore, if your child qualifies for child benefits, then whichever parent has physical custody of the child would likely be appointed as payee to handle their benefits.
By the way, if you voluntarily suspend your benefits between full retirement age (FRA) and age 70, your child couldn't be paid benefits while your benefits are in suspense.
Best, Jerry