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SSDI and Child support

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poorschmuck

Junior Member
What is the name of your state? FL/KY
If a my child was receiving SSDI bennies from their step-parent and the state statute allows for the reduction of support by the amount the children were receiving can I or should I have had a reduction of support I was paying? When I agreed to a modification of support, I was unaware of the SSDI my chilrdren were receiving. The children received a 1099 from the SSA for tax purposes. The amount they were receiving would have been about 45% of the total support by both parents. Would not be an issue except that the ex wants back support based on 3 children and my youngest will be 18 and graduated this June. Adds uo to about $45K. Because she ommited the SSDI my children were getting, can I have the modification to support made null and void thus reverting back to our original divorce agreement. I did not make mods after each child emancipated. Oh, and I have ALWAYS paid support for my children.
Bewildered in boca...:confused:
 


BL

Senior Member
Your post is confusing , but what I make out of it YOUR kids are Entitled to a Benefit from a " STEP Parent's " SSDI ?

Not from a disability of yours .

You would not be entitled to an offset , not being from a Disability of yours , unless the Step parent perhaps is married to you .

Then file a modification in that case .
 

poorschmuck

Junior Member
"Childs Enrichment"

What difference would it make if the SSDI was coming from the custodial parents spouse/ children's step-parent? The step-Parent's SSDI got an increase because of my kids. Hrdly seems fair that my kids were exploited to put more money in his pocket. KY law states anything that "enriches the child can be deducted..." KRS 403.211 para 14 http://www.lrc.state.ky.us/KRS/403-00/211.PDF. Also see KY Kyle Stewart v. Scarlett Hope Burton.

Thanks
 

ceara19

Senior Member
It is virtually impossible to reduce the amount of arrears a person owes without either paying the money or having the parent that is owed the money "forgive" part of the amount.
 

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