Disability & Child Support

[RCiancia]

What is the name of your state? Florida

I am permantently disabled and received disability from the state. My ex husband claims that my disability money I get every month, counts towards income for calculations of Child Support . Is this correct ??
Also, what is the percentage of childsupport for 2 children ? I know New York is 25%. Not sure about Florida.

thanks

[Blue Meanie]

Originally Posted by RCiancia

What is the name of your state? Florida

I am permantently disabled and received disability from the state. My ex husband claims that my disability money I get every month, counts towards income for calculations of Child Support . Is this correct ??
Also, what is the percentage of childsupport for 2 children ? I know New York is 25%. Not sure about Florida.

thanks

Are you the CP or NCP?? Is the disability SSi, SSDI or another form or disability?

[RCiancia]

I am the custodial parent. I am getting SSDI

thanks

[Blue Meanie]

Originally Posted by RCiancia

I am the custodial parent. I am getting SSDI

thanks

Then yes it would be faactored in for CS ...Did you apply for benifits for your child?

Here is a link to help you figure out the cs...

[url]http://www.alllaw.com/calculators/Childsupport/florida/[/url]

[LdiJ]

Originally Posted by baystategirl

Then yes it would be faactored in for CS ...Did you apply for benifits for your child?

Here is a link to help you figure out the cs...

[url]http://www.alllaw.com/calculators/Childsupport/florida/[/url]

I tend to agree with that since she is the custodial parent....because she is keeping the child's benefit herself. However, if she was the ncp and the benefit was going to the cp, then I don't think that I have yet seen a judge that has ordered an ncp to pay additional child support on top of the benefit. I know that its technically possible, but I haven't seen judges do it.

Whether state courts treat it that way or not, a child's benefit from a parent's SSDI is intended to replace the support that the specific parent can no longer provide, because they are disabled.

[Blue Meanie]

Originally Posted by LdiJ

I tend to agree with that since she is the custodial parent....because she is keeping the child's benefit herself. However, if she was the ncp and the benefit was going to the cp, then I don't think that I have yet seen a judge that has ordered an ncp to pay additional child support on top of the benefit. I know that its technically possible, but I haven't seen judges do it.

Whether state courts treat it that way or not, a child's benefit from a parent's SSDI is intended to replace the support that the specific parent can no longer provide, because they are disabled.

I know thats why I asked if she was Cp or NCP...But surprisingly enough...my ex was ordered to pay cs...I am the rep payee for our children...he has no contact due to a RO...It's a long story but he was just ordered to pay me a whopping 12.00...( not a typo..lol!) per month!! I was very surprised!

[cyana24]

Originally Posted by LdiJ

I tend to agree with that since she is the custodial parent....because she is keeping the child's benefit herself. However, if she was the ncp and the benefit was going to the cp, then I don't think that I have yet seen a judge that has ordered an ncp to pay additional child support on top of the benefit. I know that its technically possible, but I haven't seen judges do it.

Whether state courts treat it that way or not, a child's benefit from a parent's SSDI is intended to replace the support that the specific parent can no longer provide, because they are disabled.

I was the CP and I was receiving SSDI payments for myself and I was the rep payee for my minor son. Although my son's benefit did count in the Delaware CS calculation, my ex was still required to pay an addition $225/month in in CS because of the disaparity between my total disability income, my son's benefit amount and my ex's imputed income. So it is certainly possible to receive some CS from the NCP, but the child's benefit does count in the calculating the disabled person's income.