Jenkintown, PA asked in Child Custody, Divorce and Family Law for New Jersey

Q: My ex wife has been receiving SSDI child support payments for the 4 children but I don't get credited for the payments

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: The needs of the children are significant enough that they receive SSDI, so why would you think that money meant for the children, should benefit you? That is not how things work in any State.

Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: If your children are receiving SSD benefits on as a result of your disability, then you are entitled to a seek a credit in the calculation of child support under the child support guidelines - meaning that these benefits are intended to be deducted from your guidelines child support obligation. As such, SSDI is considered income and subject to child support obligations because it represents “money an employee has earned during his or her employment and his or her employer has paid for the employee’s benefit under the Social Security Act.

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