Ex used to receive just long term disability, but now receives in addition ssdi. The children receive it too. How does the child support now get handled. When trying to modify do we change the support dated back to modification filing? My ex filed to modify. He wants to deduct lump sum i received from arrearages he owes, but from what I have seen he can't. Is that correct? Now do we have to add his ssdi benefits to his disability income to get his total income? And as far as my income. How does the ssdi benefits the children (2) get play into my income and his child support amount?
Talk to a child suppor/domestic law attorney. In many jurisdictions, the lump sum ssdi benefits ARE credited towards the back due child support - SSA just processes the money however ther are told to by the State Courts.. But that depends on local state law and the law in your jurisdiction. If he was working, he would pay support. Since he is disabled, the dependent benefits act to fill that role - most jurisdictions do not penalize someone who is disabled by making them cough up the dependent's benefits AND still pay full child support. I'll leave the questions about exactly how and what time frame any modification order will effect to a family law lawyer....
Best of luck to you.
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