My 8 year old son's father passed on 11/29. He did not have a relationship with our son, but paid child support on time and has been proven to be the biological father via DNA testing in 2006. My son's father was married (but his wife had just filed for divorce the week before) and has a 6 year old son with his wife. I filed for benefits for my son, but the gentleman I spoke with said that they couldn't file my son's application until his father's widow came in and filed and application for her and her son. Is this correct? I've spoken to her twice since filing and she doesn't have any desire to file. My hands feel completely tied.
By Nicole
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Your local Social Security Office knows more about this than any of us do.
There are a lot of variables and only an attorney or your Social Security office can give you information for your situation.
Of course, filing for divorce means nothing in this situation but it is possible you may need an attorney to help you - try children's services as well as talking to another Social Security person.
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