I am a single parent of 4 boys (ages from 3-15) that are all my dependents. We live at my mother’s house and I haven’t worked for over 3 years and am on full-time disability. I receive $850/month and $500 in EBT food benefits.
Q) I have no other source of income and heard that I may be eligible or my kids would be for additional Social Security benefits up to an additional 50% for the 1st and possibly 25% for each additional child that we’d receive to monthly help us out. I\s this true and if so, how would I apply and how would it work?
Aldo, I pay my mom $400/month rent and we are just renters (she occasionally help with then totalities and I do same with her food on occasion. She’s been clsaiminmg my 4 children every year as her dependents and I told her I want to claim them this year \and she said she’d kick me out if I tried. What are my options?
A) Here’s how to address the different parts of your situation:
Social Security Benefits for Your Children:
The information you heard is partially true. Your children may be eligible for benefits based on your disability income, but it’s not an automatic 50% increase for the first child and 25% for each additional one. Here’s what applies:
- Child’s Benefits: Children of a Social Security disability recipient may qualify for benefits on their parent’s record. The benefit amount is a percentage of the parent’s benefit, typically up to 50% for the first child and 30% for each additional child, with a maximum family benefit.
- To find out: Contact the Social Security Administration (SSA) at 1-800-772-1213 or visit their website https://www.ssa.gov/ssi to check eligibility and apply.
Your Mother Claiming Your Children as Dependents:
- You have the right to claim your children: Since you are the primary caregiver and provide more than half their financial support, you have the legal right to claim them as dependents on your tax return, not your mother.
- Resolving the situation: Explain this to your mother calmly and rationally. Show her resources from the IRS that confirm your right to claim them (reference IRS Publication 929).
- Mediation as an option: If discussions go poorly, consider mediation to reach a solution with your mother. Many communities offer free or low-cost mediation services.
Your Housing Situation:
- Eviction threats: It’s illegal for your mother to evict you without proper notice (typically 30-60 days depending on your location). Even with rent payments, you likely have some tenant rights.
- Domestic violence laws: If you feel threatened or unsafe due to her eviction threats, consider contacting a local domestic violence hotline or shelter for support and legal resources.
- Alternative housing: Explore options like low-income housing or finding a new roommate situation if staying with your mother becomes untenable.
Here are some resources that may be helpful:
- Social Security Administration: 1-800-772-1213 or https://www.ssa.gov/ssi
- IRS Publication 929: https://www.irs.gov/pub/irs-pdf/p929.pdf (for tax dependency information)
- National Domestic Violence Hotline: 1-800-799-7233