Child Support and Social Security Disability Income

[1dmspro]

Good Afternoon:

I have a couple questions concerning child support and social security supplemental disability income and one concerning child support and visitation.

1) I have a 20 year old daughter which is disabled and receives Social Security Disability Income. I am her paying child support.
Q-1) Do I have to pay her child support and for how long?
Q-2) Does the calculation for child support includes the SSDI amount?

2) My youngest daughter is 17, however she will not talk to me nor would see me and her mother would not cooperate to change this situation.
Q-1) Do I have any recourse with this matter, can I adjust the child support amount due to the circumstances?

In advance, thank you for your kind attention to my issues.

Sincerely,

Ed.

[Attorney Howard Iken]

Q-1) Do I have to pay her child support and for how long? I assume you are in Florida. For child support to be still due, there must have been a judgment prior to 18 that placed her in a special needs category. If this is true, support will last until she can be self supporting.


Q-2) Does the calculation for child support includes the SSDI amount?

Your child support obligation is reduced by the amount of SSDI she receives.



Q-1) Do I have any recourse with this matter, can I adjust the child support amount due to the circumstances?

Unfortunately, probably not.

[1dmspro]

Good Morning Mr. Iken:

Thank o for your quick replay and kind attention to this matter.

To further clarify the issue; yes I am in Florida - Palm Beach County. My daughter was 19 at the time of the divorce; the amount she receives from SSDI was never added to the formula during the process. Lastly, she will never be self-sufficient.

Q) How will this affect the support modification, if any?

Again, thank you very much for your assistance.

Ed.

[Attorney Howard Iken]

Because the 19 yo was not on child support at the time of the divorce, the court has lost jurisdiction. So a modification cannot create a support obligation for her.

[1dmspro]

Good Morning Mr. Iken:

Once again I would like to thank you for your great assistance with my issue. Concerning the last question I did not asked it properly.

My daughter was 19 yo at the time the divorce was finalized and was awarded child support however the SSDI amount was not used into the formula to calculate the support amount also she will never be self sufficient. So is she entitled to child support and if she is, does the SSDI would be calculated as part of her child support?

Again, thank you very much for your time and very kind assistance. Your answers they have been very helpful.

Thanks,

Ed.

[Attorney Howard Iken]

Normally, if a parent receives SSDI, and the child gets an SSDI check due to the parent - that parent's child support obligation is reduced.

I am not really sure if support will be reduced by a direct SSDI check, related to the child's disability. I assume that is what is happening? If so, we would need to do custom research.