Child Support payments

[endoqueen]

What is the name of your state (only U.S. law)? Massachusetts I recently got approved for SSI Disability payments and for payments for my minor soon as well based on my past work history. When I became disable (2 years ago) my son who is now 16 went to live with his dad on a fully time basis since I could not care of him and he prefered to go to school in the town where his dad lives. Prior to this, I had full custody of my son and he saw his dad every other weekend. I get my benefit and a benefit for my son. My son now lives during the summer with me half of the time and half of the time with his dad. By law, do I have to give his dad any of my son's benefit?? I have it put aside for my son for college and for whatever else he needs. If I have to pay some sort of child support, I understand, but what is the child support payment based on? If I were to give his dad the entire benefit that my son receives, it would be spent on my ex husband supporting his mother as well. I dont believe my son's benefit should have to pay for my former mother in law in any way....please help....Frustrated in Boston. Thank youWhat is the name of your state (only U.S. law)?

 

[BL]

What is the name of your state (only U.S. law)? Massachusetts I recently got approved for SSI Disability payments and for payments for my minor soon as well based on my past work history. When I became disable (2 years ago) my son who is now 16 went to live with his dad on a fully time basis since I could not care of him and he prefered to go to school in the town where his dad lives. Prior to this, I had full custody of my son and he saw his dad every other weekend. I get my benefit and a benefit for my son. My son now lives during the summer with me half of the time and half of the time with his dad. By law, do I have to give his dad any of my son's benefit?? I have it put aside for my son for college and for whatever else he needs. If I have to pay some sort of child support, I understand, but what is the child support payment based on? If I were to give his dad the entire benefit that my son receives, it would be spent on my ex husband supporting his mother as well. I dont believe my son's benefit should have to pay for my former mother in law in any way....please help....Frustrated in Boston. Thank youWhat is the name of your state (only U.S. law)?

You mean SSDI .

What does the court order say about child support ?

Generally SSDI benefits for children replace child support obligations , but here you are receiving the benefits as well as your own .

My brother just went through a custody/support modification recently .

His X was receiving the child's benefits . The order was for the child to live between both homes and she was to give him 1/2 of the benefits .

Well she never did ,and the the lawyers went back in and had the orders reversed as to the way they were before .

At any rate since SSDI children's benefits often replace child support obligations , and child support is to the parent for the care of the child, it's only fair to split it . CS helps/reimburses the parent for the care of the child .

One can not dictate how the funds are spent .

Legally no , ethically yes .

And since you would not complain if ordered to pay CS ,why complain about splitting the funds ?

 

[LdiJ]

You mean SSDI .

What does the court order say about child support ?

Generally SSDI benefits for children replace child support obligations , but here you are receiving the benefits as well as your own .

My brother just went through a custody/support modification recently .

His X was receiving the child's benefits . The order was for the child to live between both homes and she was to give him 1/2 of the benefits .

Well she never did ,and the the lawyers went back in and had the orders reversed as to the way they were before .

At any rate since SSDI children's benefits often replace child support obligations , and child support is to the parent for the care of the child, it's only fair to split it . CS helps/reimburses the parent for the care of the child .

One can not dictate how the funds are spent .

Legally no , ethically yes .

And since you would not complain if ordered to pay CS ,why complain about splitting the funds ?

I am not sure that I entirely agree with this. I think it would depend on who would be obligated to pay any support in a 50/50 scenario...since it generally is paid by the higher earning parent even in a 50/50 scenario.

If dad makes 50k and mom is living on 16k of SSDI a year, and they have 50/50, then dad's the one who would end up obligated to pay support, and since he is not the one receiving SSDI it wouldn't count as his support.

If they are both equally low income, then I think that what you posted would be valid.

 

[nextwife]

I am not sure that I entirely agree with this. I think it would depend on who would be obligated to pay any support in a 50/50 scenario...since it generally is paid by the higher earning parent even in a 50/50 scenario.

If dad makes 50k and mom is living on 16k of SSDI a year, and they have 50/50, then dad's the one who would end up obligated to pay support, and since he is not the one receiving SSDI it wouldn't count as his support.

If they are both equally low income, then I think that what you posted would be valid.

I though she said SUMMER was split 50/50, and the child was now with dad during the school year? If so, custody is not split 50/50.

 

[BL]

I though she said SUMMER was split 50/50, and the child was now with dad during the school year? If so, custody is not split 50/50.

Ya know I missed that . All Dad has to do is go to SSA and get the child's benifits in his name , as long as there is a court order giving him primary physical custody .

 

[LdiJ]

Ya know I missed that . All Dad has to do is go to SSA and get the child's benifits in his name , as long as there is a court order giving him primary physical custody .

I missed that too. I could have sworn she was talking about the whole year but when I went and re-read it, it definitely sounds like just the summer.