Can children collect Social Security based on their dad’s record even if he is incarcerated?

Published: February 13, 2025

Full question: I am 54 and have 3 minor children (9,11, and 17). My ex-husband is 56. He incarcerated with a life sentence. I have full custody of the children. Are they, will they be, eligible to receive his Social Security benefits? And when? Of course, he does not pay child support.

Hi there,

Unfortunately, Social Security benefits will not be paid to a spouse or dependents of an individual who was not receiving Social Security benefits before their incarceration.

All the best,
Martha

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