Taxable Support? & Daycare

[pancakes]

What is the name of your state (only U.S. law)? va & ca

Support order is out of CA; I am CP and live in VA.

Two questions:

1. I receive most of the child support through Dad's SSDI (auxiliary benefit for son). What that doesn't cover is "garnished" from Dad's SSDI. Does child support get taxed? Does it matter how I receive the support in terms of tax purposes?

2. Daycare/pre-school will soon become an issue and I have started looking for a place to enroll son. I have gently broached the topic with Dad and as with most financial matters was brushed off. I have heard that CA commonly adds this into support orders (at a 50/50 split). Even if it isn't added in our order I still have to find a place for son to go but it would really help to have help in it (I know I can't rely on it). Is this something worth looking to get added in the order or is it not likely to be granted?

Just as a sidebar, Dad claims he can't afford it (as background he makes about 4 1/2 grand on his own non-taxed).

Thank you in advance guys!

 

[ecmst12]

Child support is not taxable income to the recipient.

 

[Ohiogal]

What is the name of your state (only U.S. law)? va & ca

Support order is out of CA; I am CP and live in VA.

Two questions:

1. I receive most of the child support through Dad's SSDI (auxiliary benefit for son). What that doesn't cover is "garnished" from Dad's SSDI. Does child support get taxed? Does it matter how I receive the support in terms of tax purposes?

2. Daycare/pre-school will soon become an issue and I have started looking for a place to enroll son. I have gently broached the topic with Dad and as with most financial matters was brushed off. I have heard that CA commonly adds this into support orders (at a 50/50 split). Even if it isn't added in our order I still have to find a place for son to go but it would really help to have help in it (I know I can't rely on it). Is this something worth looking to get added in the order or is it not likely to be granted?

Just as a sidebar, Dad claims he can't afford it (as background he makes about 4 1/2 grand on his own non-taxed).

Thank you in advance guys!

If you push this in court, you may find that the CHILD's auxiliary benefit from dad's disability would be the ONLY child support you will receive except for arrearages. And if dad is not ordered to pay it then he does not have to pay it. You may have to deal with childcare on your own.

 

[LdiJ]

If you push this in court, you may find that the CHILD's auxiliary benefit from dad's disability would be the ONLY child support you will receive except for arrearages. And if dad is not ordered to pay it then he does not have to pay it. You may have to deal with childcare on your own.

I both agree and disagree with this advice. I agree that its absolutely true that a non-custodial parent's child support, when they are on SSDI is usually limited to the children's auxiliary benefits. Therefore the risk does exist that you could end up with just the children's benefits.

However, you also indicated that dad has substantially more non-taxed monthly income than just SSDI. You stated 4 1/2k a month. In that scenario it is far less likely that child support would be limited to just the auxiliary benefits.

At the same time...it gets a bit more complicated than that. Total auxiliary benefits for children are 1/2 of what the parent recieves. If you have the parent's only children then the amount you are receiving could be higher than any child support calculation would give you, and may make up for things like extra income or daycare...or at least partially make up for them.

In other words, the actual figures matter...the down to the nitty gritty actual figures matter. You could already be getting just as much as you can possibly get, you might be getting more than a judge would give you if you take it back to court, or you might be getting less than what a judge would give you if you took it back to court. It all depends on the nitty gritty of the figures, and the attitude of the judge.

 

[Ohiogal]

I both agree and disagree with this advice. I agree that its absolutely true that a non-custodial parent's child support, when they are on SSDI is usually limited to the children's auxiliary benefits. Therefore the risk does exist that you could end up with just the children's benefits.

However, you also indicated that dad has substantially more non-taxed monthly income than just SSDI. You stated 4 1/2k a month. In that scenario it is far less likely that child support would be limited to just the auxiliary benefits.

At the same time...it gets a bit more complicated than that. Total auxiliary benefits for children are 1/2 of what the parent recieves. If you have the parent's only children then the amount you are receiving could be higher than any child support calculation would give you, and may make up for things like extra income or daycare...or at least partially make up for them.

In other words, the actual figures matter...the down to the nitty gritty actual figures matter. You could already be getting just as much as you can possibly get, you might be getting more than a judge would give you if you take it back to court, or you might be getting less than what a judge would give you if you took it back to court. It all depends on the nitty gritty of the figures, and the attitude of the judge.

Try again. She did NOT say 4-1/2k a month.
She said:

as background he makes about 4 1/2 grand on his own non-taxed

That could be PER YEAR.

 

[pancakes]

Sorry for the confusion.
VA disability is at 100% ($2774). He has two children (first born with me, another with someone else) but has only "registered" our son for the additional monetary benefits from the VA, so he is missing out on what is it $70/$80 a month for his second born.

He receives $1142 in SSDI and there is $571 in auxiliary benefits.

He has not applied for auxiliary for his secondborn so I fully expect that $571 to split very soon.

Our support order is for $694 but that was just off of his VA disability. I have not revisited it since, but notified DCSS of the auxiliary so he would get credit for it.

 

[ecmst12]

This sounds awfully familiar.

 

[pancakes]

This sounds awfully familiar.

Yeah I've posted on here about it before. I'm almost 90% sure he does too but the way I figure it is if the answer is the same regardless, and I'm not out to screw him over, then it really doesn't matter if he reads it.

 

[ecmst12]

This him? https://forum.freeadvice.com/members/micmac-612483.html

 

[pancakes]

This him? https://forum.freeadvice.com/members/micmac-612483.html

Yes! There are just too many similiarities for it to be a coincidence! But at the same time, I shudder to think that there are two things that close with different people.

 

[ecmst12]

Well, I hope there's something useful in his posting history for you! He's a piece of work.

 

[pancakes]

Well, I hope there's something useful in his posting history for you! He's a piece of work.

Lol thanks. The only real useful thing in there is that I still feel the need to defend myself against the lies/exaggerations, which tells me I'm not as cool-headed as I thought. It's a learning process though right?

 

[ecmst12]

I don't think anyone believed them anyway, if that helps

 

[LdiJ]

Sorry for the confusion.
VA disability is at 100% ($2774). He has two children (first born with me, another with someone else) but has only "registered" our son for the additional monetary benefits from the VA, so he is missing out on what is it $70/$80 a month for his second born.

He receives $1142 in SSDI and there is $571 in auxiliary benefits.

He has not applied for auxiliary for his secondborn so I fully expect that $571 to split very soon.

Our support order is for $694 but that was just off of his VA disability. I have not revisited it since, but notified DCSS of the auxiliary so he would get credit for it.

Based on those numbers it is likely that child support would increase for you, particularly with daycare costs added. Even allowing for a second child.

 

[Ohiogal]

Based on those numbers it is likely that child support would increase for you, particularly with daycare costs added. Even allowing for a second child.

I can agree with LD on that. I also want to say that I hope you get the MAXIMUM child support allowed for your child from Micmac.