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Child support and social security benefits

Posted on : December 22, 2013

I’m often asked how social security benefits affect child support.

Social Security benefits received by a parent for a child’s disability should be included in the parent’s income for the calculation of child support.

More importantly and harder to explain, social security benefits “flow with the child,” meaning regardless of which parent is disabled, the benefits for the child go to whichever parent the child is living with. The Social Security benefits received for a child as a result of a payer’s disability should be included when calculating the family’s gross income and then CREDITED against the disabled parent’s support obligation. Any amount of social security payments received on behalf of the child as a result of the parent’s disability is a direct reduction of the guideline computation and a direct credit against the payer’s child support obligation.

If the monthly benefits are from a disabled child, the monthly benefits are generally not included in the parental income for the determination of child support.

When the Social Security disability benefits are the result of a parent’s disability, all benefits flowing from that disability are included income, irrespective of whether they are paid to the parent for the parent’s disability or to the child as a result of his or her parent’s disability.

Social Security benefits, child support and alimony, regardless if it’s a divorce case, child support case or paternity case can be extremely complicated and it’s important you have a knowledgeable family law attorney on your side. Please contact my office to set up find out more about how this could possibly reduce your child support payments or make Social Security accountable for benefits owed to you and/or your child.

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