Dear Larry,
I'm currently divorced from my husband and he is trying to get his disability benefits. We have 2 boys who are 17 and 13. Will my sons qualify for benefits from him? And if so what do I need to do to ensure that my boys get their benefits? He currently isn't paying no child support and they both reside with me.

Hi,

Potentially, yes. It sounds like both of your son's would qualify for child benefits on your ex's record if he ends up getting disability, but there is a special family maximum benefit formula used to calculate family benefit rates on disability records (https://www.ssa.gov/OACT/COLA/dibfamilymax.html). In cases involving workers with low past earnings or a spotty work history, this formula can result in little or no family benefits being payable.

You may want to check with Social Security to make sure that your ex listed your children on his application, and to let them know that the children live with you and that you should be contacted to file an application on their behalf if and when your ex's claim is approved. They won't be able to give you any information about your ex's claim due to the privacy act, but they should be able to make a record of your contact info for future reference.

Best, Jerry