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Can a child's SSDI be included as income in spousal support

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Lisa62864

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

My daughter has sever disabilities and she receives SSDI benefits. The benefits are used to pay rent/food/medical not covered/clothing and socialization needs. Since I am the Rep Payee and she contributes to rent/food, my future ex believes her benefits should be added to my income. I have tried to explain that it is "her" income. But his view is that since it is used to contribute to the household bills it is my income. I work 5 hours a day during her school hours so that I can care for her. I am only seeking 1/2 the mortgage or $600 a month. He has been ordered a temporary payment of $450. He is fighting it and now taking me to court claiming that her benefits should cover what I do not earn.

Is he able to do this? My fear is that she graduates next year and I will be required to pay for services for her out of pocket. Funds that I do not have. Anyone have a clue?
 


tranquility

Senior Member
While not directly on point, this Rule will show how the state generally treats such issues:

http://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html
 

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