Hello, I am currently going through a divorce with one child. I have another child as well. I receive Social Security Disability Benefits and each of my children receive a payment each month as dependants. I am being told by my soon to be ex, that both the children's SSDI payments count as my income when calculating Child support. One of the payments goes directly to my ex for my son with her, the other does come to be, but is in my son's name. I was explained by social security that neither of the children's payments should count as income. Maybe I misunderstood? Please help me to clear this up. Thank you.
Answer
Florida Child Support law says the kids money counts as your income. See DOR v. Wallace, 774 So2d 804
Answer
I disagree with Mr. McCall. Depending on what circuit your case is in, many circuits do not attribute that income to you but instead count the children's dependent benefits as a credit against the child support owed.
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