Q: Can court force SSDI benefit switch affecting child support?
I am the custodial parent, and I have been receiving SSDI since 2019, with my minor child also receiving dependent benefits. My ex-partner also started receiving SSDI, and he wants the court to force me to switch the child's dependent benefits to his SSDI, aiming to reduce his out-of-pocket child support contributions to zero. However, this switch would result in a significant monthly loss of support money for our child. Are there legal grounds for the court to force such a switch, and how would this affect our current arrangement where my SSDI and his VA benefits have been traditionally counted on each of our incomes?
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- California
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A:
Under California law, courts generally consider the best interests of the child when making decisions about support arrangements. While your ex-partner can request modifications to the existing order, courts typically won't force changes that would significantly reduce the child's overall financial support.
The Social Security Administration allows dependent benefits to be paid through either disabled parent's account, but courts usually maintain arrangements that provide the highest benefit amount for the child. Since switching to your ex-partner's SSDI would result in less support money, the court would likely examine how this change impacts your child's standard of living. Additionally, both your SSDI and his VA benefits should continue to be counted as income when calculating support obligations.
You should document the current benefit amounts and potential financial impact of switching to help demonstrate why maintaining the existing arrangement serves your child's best interests. Consider gathering statements showing the difference in benefit amounts and explaining how the reduced support would affect your child's needs. Remember that while your ex-partner has the right to request modifications, courts prioritize maintaining stable financial support for children above reducing parents' out-of-pocket obligations.
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