When determining the appropriate amount of child support to be paid, the Commonwealth of Massachusetts has set forth Child Support Guidelines. In essence, these Guidelines are a mathematical formula taking into account certain variables, such as the income of both parents, the age of the children, and which parent carries health insurance for the child.
The term "income" is described as "gross income from whatever source." This definition specifically includes social security and insurance benefits, including those received from disability. A common problem that arises is when the obligor parent, (the one who pays,) receives Social Security Disability Income, commonly referred to as SSDI. A component to SSDI is that the child or children of an SDDI recipient are entitled to a monthly dependent benefit. In those cases, the court has determined that since the children are already receiving some benefit for their care and maintenance, concessions are appropriate, and therefore the traditional Guideline formula should be altered.
In those cases, the Rosenberg formula is used to determine the appropriate amount of child support. In essence, the amount of the children's benefit is added to the monthly SSDI received to determine the obligor's income. The Guidelines are then run as they would in any other case. However, when the final amount is determined, that weekly amount is reduced by the amount of the child's dependency benefit (calculated by taking the monthly amount and dividing it by 4.3.) If the obligor still owes money afterward, the correct child support order would be the difference. If the calculation results in a net of zero or less, there is no support due.
People who argue that in essence the obligor is getting out of paying child support need to remember this; child support is the amount deemed proper to care for a child's needs, care, and maintenance. It is not designed to punish the other parent or as a way to make them pay money to the other. After all, child support is not about the obligor or oblige parent, it is about fulfilling the needs of the children.
By: Melissa R. Gillis, Esq.
What about:
Correct calculation of child support of non custodial parent when children are receiving SSDI on custodial parents record???
I have very specific individual circumstances and have talked to several attorneys none of which have be able to provide me with an answer possibly because the specific's of my case seem to be very uncommon. I have also searched the Internet but cannot find any information about the law or other cases for my situation
I receive court ordered child support. I question whether it was properly calculated. My attorney and my ex-husbands attorney differed in opinion in court. I am not certain if a case like mine has ever been before a court before, if it has it may be looked at in different ways by different courts not only state by state but also by individual courts at different levels in the court system.
My question is regarding proper placement in the child support calculation of the SSDI that my children receive on my record. Where should it be factored in, if at all, in the child support calculation worksheet used by the court in determining child support.
The way it is currently calculated the SSDI amount my children receive on my record directly reduces dollar for dollar what my ex-husband was to pay for child support. I don't believe this is correct. I don't believe this is fair.
I need to verify, how the children's SSDI income, received on my record should be used in the calculation of the father's child support. I am the custodial parent, father, is the non custodial parent. I have full custody. He is the child support obligor, I am the child support obligee. We have 3 minor children. We reside in Lake county, Ohio.
I am looking for an answer based firmly on the current Ohio child support guidelines, on Ohio law, and on how cases similar to mine have been calculated. I am unable to find this information, despite my diligent attempts.
I would greatly appreciate any assistance you could give me. Thank you.
Posted by: Denise | January 17, 2009 at 11:55 AM
Each parent, custodial or non-custodial is considered to have an obligation, which is prorated according to the respective incomes of the parents. The support obligation of the recipient of the SSDI is supposed to be reduced by the SSDI amount paid to the children on their behalf. So if the non-custodial parent received SSDI, then the non-custodial's obligation would be reduced. But in this case, since the custodial parent is the one receiving benefits, then it is the custodial obligation which is considered to be reduced (resulting in a net change of zero, basically) while the non-custodial obligation should remain the same.
Posted by: anon | May 14, 2012 at 01:59 PM
My x husband has been on disability. I called social security and I am going to recive almost 2 years of benifits. He has been paying child support. Is he entitled to getting his money back for the past two years, since I will be getting the benifits?
Posted by: Heidi | August 29, 2012 at 05:07 PM
Thanks for your comment, Heidi. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Melissa Gillis: 413.781.0560 or [email protected]
Posted by: Bacon Wilson Law | September 04, 2012 at 05:18 PM