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SSA Benefits

I know we are all  aware if we marry a Filipina with minor children.  They Qualify for additional benefits under our Social Security retirement. But what happens when you divorce?  Do their benefits continue?  I'm asking this here rather than in the USA forum because  I know Expats are more familiar with this than back home. i would be interested in knowing if any of you have had this happen. Thanks for your help.

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NY_mike asked . . . .I know we are all aware if we marry a Filipina with minor children. They Qualify for additional benefits under our Social Security retirement. But what happens when you divorce?

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Divorce in the Philippines . . . . ?

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Retired American here with 8 year old receiving benefits.

As far as I understand it,

If you as a American marry Filipina already with children which you are not the Biological father, those children cannot and never will be able to receive any of your SS Retirement benefits outside the US.

So, unless they become Citizens of the US with SS or lived there for 5 years etc not possible.

But as far as your question, if  living in the US with children who are already receiving benefits and looking at a divorce, thats a good question…

Sorry, No Clue, but either way it should not effect your benefits

NY_mike asked . . . .I know we are all aware if we marry a Filipina with minor children. They Qualify for additional benefits under our Social Security retirement. But what happens when you divorce?
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Divorce in the Philippines . . . . ? - @Enzyte Bob

Might be a Muslim

FWIW a AI searched revealed that if only Step Children then the benefits will cease the first month after divorce is final.

If they were adopted then treated as your own children and benefits will continue.

Thanks for your replies.

We are all in the US.

Brought her and the children here on a K1 9years ago.

I know. Big mistake! lol


I believe after the divorce, my daughter will still have benefits. But my Ex and my step daughter will lose theirs.

@mugtech

we are in the US

vehicross100 said . . . .

But as far as your question, if living in the US with children who are already receiving benefits and looking at a divorce, thats a good question…
Sorry, No Clue, but either way it should not effect your benefits

Not quite related . . . . My first wife and I were divorced and I had custody of our two children (now 61 & 59).


One day a check arrived from SS for my two kids. I took the check to the SS office to return it as I thought they were sent in error. They explained to me that my ex wife was collecting SSDI so the kids would received checks till they were 18.


This practice must stop, SS pays money to everyone and that was not intended.

@Enzyte Bob

yeah

that's the rule. if they are under 18 they are entitled.

Don't fret about that for your kids.  Worry about all the dead people still getting paid!

SSA, like all our government, is a mess!

@Enzyte Bob

Right, I was clueless when I applied for my SS.

After I finished applying I received a phone call from our SS here in Manila to finish up all the loose ends.

  The lady then asks me if I will be applying for my Son also. Im like what for, he is not handicapped or disabled etc ?

Then she explained to me that he is eligible just for the two facts that I am receiving my SS and he is under 18.

So now he receives monthly approximately the equivalent of an additional 2/3 of my benefit in his own Bank account (BPI)

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@NY_Mike

The key to this entire process is found under the Representative Payee status.  This is initially assigned to the American SSA holder and remains as such, unless the child no longer lives with the American parent. 


The SSA Manila Office will most likely "Investigate" if/when your child is no longer under your roof and will screw the American father unless the issue of custody is part of a court order/settlement that grants 50+% to the dad as physical custody... if not, be aware of the SSA Manila office's stealth decision to reassign the "Representative Payee" status away from the American dad and to the parent with "custody" while claiming they need to follow local laws as they violate US laws. 


Once done, the American dad has only 60-days to appeal, and they will claim there is no appeal and that their word (SSA Manila) is final.  It is a lie!!!!   The American must be willing to take the appeal all the way up to an OIG in Maryland and be prepared to start the 42 USC 1983 process for violation of Civil Rights.....  Look out for the SSA Manila Office's failure to follow US law, including officially notifying the VA.


Note: We can get a divorce as Americans when we have maintained residency in the USA.  The Philippine government is required to accept the court order to legally recognize a divorce obtained abroad only if it involves a marriage between a Filipino citizen and a foreign national.  If from the USA, when we register it with the Philippine government, you need to provide authenticated or apostilled copies of the foreign divorce decree, proof of the foreign country's divorce laws, your marriage certificate, and evidence of citizenship. Not as hard to recover if living in the USA and joint custody is awarded.


PS:  The steps in California require: 1. A gold Seal from the court as an "EXEMPLIFICATION CERTIFICATE." 2.  An "Apostille" "Red Stamp" from the State of California.  The total cost in California is about $118.  If you try to do this in the PI, it will cost betwen $800-1400. 


PSS:  Your mileage/costs may vary by your home state!

@Calif-Native

Yep

I know all that!

Here in South Crapolina. its a little easier.

Divorce going forward,

Wish me luck guys!

I'm sorry i did'nt listen to you 12 years ago.

You'all told me not to bring her to the USA.

She'd be cheating the minute she got off the plane!

Exactly what happened!