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« Divorce settlement calls for home to be sawed in half | Main | Health insurance as a post-divorce issue »

October 22, 2008

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Denise

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.

anon

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.

Heidi

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?

Bacon Wilson Law

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 MGillis[email protected]

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