does my daughter receive one or the other? either child support or some type of benefits from my disability?
Divorce / Separation Lawyer
No, your child is entitled to both though the collection of dependent's benefits may influence the amount of child support if there is a deviation issue. The adjustment on line 26 of the Child Support Computation Worksheet applies on a parent to parent basis. That is, if Father has a child support obligation and the child receives benefits by reason of Father's disability, his obligation will be reduced by the benefits received. But his obligation is not reduced by benefits received by the child by reason of your disability. Those benefits go to pay your portion of the total child support obligation, not his. However, that being said, Father may claim that the child's receipt of benefits means that he should be entitled to a downward deviation in his child support obligation. This is very wrong for a number of reasons but it may have some surface appear to a court that has not had an opportunity to consider the question in depth.
THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.