M divorced her first husband in 1947, retaining custody of her daughter, C. She married her second husband, F, in 1953. They lived in an apartment together and pooled their incomes, sharing all household expenses.

In November, 1960, M served F with divorce papers and a restraining order. F moved out of the apartment and ceased making any contributions to M and C’s support. One week later, F died.

In December, 1960, M filed for child’s social security benefits for C, based on F’s work record. A child may receive social security benefits based on a deceased step parent’s earnings record if the child was receiving one-half of his or her support from the step parent at the time they passed away.

It was held that, although F had been contributing to C’s support during his marriage to M, the circumstances had changed and he was no longer contributing to C’s support at the time of his death. These changed circumstances were held to be controlling, even though they occurred only a week before F’s death.

It was held, therefore, that C was not entitled to child’s benefits based on C’s earnings record, because at the time of his death, F was not contributing one-half of C’s support.

See Social Security Ruling (SSR) 61-52.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.