Does child benefits from noncustodial parent count as child support?

Asked over 1 year ago - Dallas, TX

my daughter's father has been approved for disability from Social Security. She recieves a beneficary check that I manage because I have custody. Does this count as a child support credit for him and if it does why since it does not cost him anything and if she did not exist he wouldn't have that money??

Attorney answers (2)

  1. Gerald Gregory Lutkenhaus

    Pro

    Contributor Level 18

    Answered . The SS dependent check you receive for your daughter "may" satisfy his child support obligations. It is up to the Child Support Judge to decide this. It the disability is his only income then the SS dependent check you receive may very well be considered enough to satisfy his obligation. You need to talk to a family law lawyer in your state.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more
  2. Lawrence John Gibney Jr.

    Contributor Level 14

    Answered . There are two issues here. The first is the fact that your daughter receives a SS check because the father is disabled. The second question is the amount of child support that he is ordered to pay. At the time that the child support was ordered the father may have been working and therefore receiving more money but now that he is not working he is not able to pay as much. In Florida where I practice I tell clients that the amount of SS benefit that the child receives will be considered a credit by the Family Law Judge but that alone may not completely satisfy the child support obligation. I also tell the non-disabled parent that a modification of the child support obligation may be in their future. I hope that this helps.

    This information is provided as a public service to provide a general answer and should not be relied upon as... more
Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now