What is the name of your state? California
My husband receives Soc. Security Disability (SSDI). He has sole custody of his son and because my husband is disabled, his son also receives benefits from Soc. Sec. as SSDI benefits.
If my husband is ordered to pay is ex Spousal Support, will the court include the income my husband receives for his son from SSDI? We know my husband SSDI income is included but is what he receives for his son included also? It hardly seems fair because he would then be paying part of the benefits paid for the child to the ex but we aren't sure and I can't find anything about this quesiton in the internet.
Does anyone know if a child's SSDI benefits are included as income for Spousal Support if the benefits are paid to the parent on behalf of the child due to the parent's disability?
Also, do the courts take into it into consideration when the spouse asking for SS lives in another state (Texas) where the cost of living is significantly less than California? Obviously her financial needs are less in Texas where just about everything costs less so giving her Spousal Support based on California guidelines when she doesn't live here wouldn't be fair. I know wages are less in Texas but there is a huge cost of living difference. Any ideas on this?
My husband receives Soc. Security Disability (SSDI). He has sole custody of his son and because my husband is disabled, his son also receives benefits from Soc. Sec. as SSDI benefits.
If my husband is ordered to pay is ex Spousal Support, will the court include the income my husband receives for his son from SSDI? We know my husband SSDI income is included but is what he receives for his son included also? It hardly seems fair because he would then be paying part of the benefits paid for the child to the ex but we aren't sure and I can't find anything about this quesiton in the internet.
Does anyone know if a child's SSDI benefits are included as income for Spousal Support if the benefits are paid to the parent on behalf of the child due to the parent's disability?
Also, do the courts take into it into consideration when the spouse asking for SS lives in another state (Texas) where the cost of living is significantly less than California? Obviously her financial needs are less in Texas where just about everything costs less so giving her Spousal Support based on California guidelines when she doesn't live here wouldn't be fair. I know wages are less in Texas but there is a huge cost of living difference. Any ideas on this?