Divorce, how does my son receiving his SS check effect child support, does the court take that in to consideration when they calculate the child support payment
First, the SSDI derivative benefits count as income for the parent from whom they derive. Second, if the child’s benefits derive from the non-custodial parent, the amount of the benefits are subtracted from the obligation calculated using the Guidelines. The order is set based on the remaining obligation.
For example, if the amount of benefits is $300, and the obligation calculated using the Guidelines is $500, then the order would be set at $200. (If the derivative benefits are more than the obligation calculated using the Guidelines, then the order is zero.)
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