Survivor Benefits

Long Story short, My daughters father recently passed away, She is getting Survivor benefits from him montly, well just recently his supposdly other son's mom found out he passed way, an is trying to get the benefits for him. her son does not have his last name & He is not on his birth certificate But we all doubted that was his child, so she is begging me to to have MY daughther DNA tested, I told her NO, She said since I wont she is going so Suboena me..

I'm at lost for words on what todo, She wont leave me alone, and I really dont feel it's right that my daughter is going to be forced into doing paternity test, HE never fathered this child, never payed child support, she feels she is entitled to getting benefits, I do not, because He was never in his life.

Anyone Please help!! What am I suppose todo? and How can I protect my daughter?

ADDING

TO figaro8895 HE WAS A GREAT FATHER TO MY DAUGHTER, THE SON'S MOM IS THE ONE THAT WOULDN'T LET HIM BE A FATHER TO HER SON SHE DIDNT WANT HIM IN HIS LIFE!! SO BEFORE YOU GO ASSUMIN SHIT ABOUT MY DAUGHTHERS DAD WHO IS DEAD THINK BEFORE YOU SPEAK

Answer Question

SHARE THIS QUESTION:

Asked by Anonymous at 8:59 PM on Feb. 4, 2012 in Parenting Debate

Answers (27)

You may have to get an attorney.

Answer by 3libras at 9:02 PM on Feb. 4, 2012
Credits: 171231 Level 44 Parenting Debate Minor

Found an answer to your question?
Like us on Facebook!
How awful do you thInk it's going to be? If a simple finger prick would make some woman stop claiming my husband fathered her child, I would do it in a heartbeat.
IF he is her father, she deserves the survivor's benefits as well whether or not he paid child support or had a relationship with her. Her getting benefits won't affect you, will it?

Answer by missanc at 9:32 PM on Feb. 4, 2012
Credits: 100825 Level 38 Parenting Debate Minor

Found an answer to your question?
Like us on Facebook!
They would have to share the benefits, Right? So Yes

Comment by Anonymous (original poster) at 9:36 PM on Feb. 4, 2012
I think you might want a lawyer, and maybe even look into the possibility of getting a restraining order against this woman for harassment and threats. It's not you or your daughter's responsibility to prove her child's paternity. She should be harassing your husband's other family members instead of his widow.
It seems messed up that she lied to deny him parental rights, but is now in money grab mode because he's gone. Just sad.
I'm sorry for your loss and GL with everything.

Answer by Lornamay at 10:01 PM on Feb. 4, 2012
Credits: 5193 Level 18

Found an answer to your question?
Like us on Facebook!
Just because your DH's father was a shitty parent does not mean if this is his child he is not entitled to survivor benefits. Who else is she supposed to ask? Are his parents available for testing? Are you referring to SS survivor benefits? If so, the website should be helpful in determining how this would impact you. If your daughter has a sibling, she will want to know...

Answer by figaro8895 at 10:04 PM on Feb. 4, 2012
Credits: 23438 Level 25 Parenting Debate 101

Found an answer to your question?
Like us on Facebook!
I don't think that's how it works? I think they get equal amount. Speak to an attorney, but I got survivor benefits and it wasn't any less because I had siblings. When my sister turned 18 and hers stopped, it didn't increase mine or my brothers.

Answer by missanc at 10:20 PM on Feb. 4, 2012
Credits: 100825 Level 38 Parenting Debate Minor

Found an answer to your question?
Like us on Facebook!
Missanc is right - the other child receiving benefits will not decrease the amount your daughter receives, if that is part of your concern.

I don't know if the courts can order you to allow your daughter to be tested or not. If she were tested, it would likely be as simple as a swab from her inner cheek or a prick on the finger.

Answer by katiemomNY at 11:29 PM on Feb. 4, 2012
Credits: 22091 Level 25 Parenting Debate 101

Found an answer to your question?
Like us on Facebook!
"TO figaro8895 HE WAS A GREAT FATHER TO MY DAUGHTER, THE SON'S MOM IS THE ONE THAT WOULDN'T LET HIM BE A FATHER TO HER SON SHE DIDNT WANT HIM IN HIS LIFE!! SO BEFORE YOU GO ASSUMIN SHIT ABOUT MY DAUGHTHERS DAD WHO IS DEAD THINK BEFORE YOU SPEAK "
All that means is that he chose to be a father to one and not another. If he wanted to be a father, he could have gone to court, he didn't had he gone to court, he would have been allowed to visitation and say in the child's life so you can't blame her. But yes, her son has EVERY RIGHT to survivor benefits. Providing he is actually his son, he is just as much your late DH's child as your DD is. What is the big deal? It's a matter of a cheek swab for your DD . I really don't get how you can use the excuse that your late DH was a shitty father as a reason for the boy not getting money he deserves. As far as I know, it won't affect what your DD gets but even if it does, he son has th

Answer by JLS2388 at 5:30 AM on Feb. 5, 2012
Credits: 24567 Level 25 Parenting Debate Minor

Found an answer to your question?
Like us on Facebook!
e same right as your DD to that money (maybe even more so since he never got anything else from his dad and that was NOT HIS FAULT, again your late DH could have gone to court for him.)

Answer by JLS2388 at 5:31 AM on Feb. 5, 2012
Credits: 24567 Level 25 Parenting Debate Minor

Found an answer to your question?
Like us on Facebook!
Providing this is really his son (which he probably is since mom is willing to do a DNA test) why don't you think he deserves just as much as your DD? Also, why would you marry a man who doesn't even care enough about someone who is possibly his child to go to court and get a DNA test to find out? I think it's wrong that you are putting all the blame on mom, it was your DH's job to go for visitation.

Answer by Anonymous at 6:19 AM on Feb. 5, 2012

Found an answer to your question?
Like us on Facebook!