divvieing up for child support

[NHfather]

What is the name of your state (only U.S. law)? NH, I'm about to be divorced and will be paying CS My ? is this 2 kids I pay 33% but thats my gross income including SSDI for My 2 kids which I am the representative payee now i think I have to turn that over to her if so how then will My gross income be calculated

 

[nextwife]

What is the name of your state (only U.S. law)? NH, I'm about to be divorced and will be paying CS My ? is this 2 kids I pay 33% but thats my gross income including SSDI for My 2 kids which I am the representative payee now i think I have to turn that over to her if so how then will My gross income be calculated

Who is the disabled parent? If you, petition that the SSDI that you provide via YOUR work HISTORY be considered as your CS contribution, if there is no earned income. If there is still earned income, that will be part o the calculations, but the SSDI going to the other parents will be a part of the CS YOU provide, not part of YOUR income

 

[NHfather]

I am the one disabled. I also have no earned income just SSDI and a pension. Do the children need to be living with me I am the current rep. payee but if she gets custody will that role shift to her and if it does is that money removed from my gross and then recalculated. What do you mean petition for My work history? Do you mean ask that my regular SS that I would receive at 64 be used to determine My current CS?

 

[nextwife]

I am the one disabled. I also have no earned income just SSDI and a pension. Do the children need to be living with me I am the current rep. payee but if she gets custody will that role shift to her and if it does is that money removed from my gross and then recalculated. What do you mean petition for My work history? Do you mean ask that my regular SS that I would receive at 64 be used to determine My current CS?

Ok, I will try again:

You receive SSDI because you are disabled.

You receive those benefits and that amount BECAUSE of what your income history was and what was paid in to SSDI BEFORE your disability.

This, the money received as rep payee is still "from" you and the children's portion can be counted as your CS contribution, as what you can now earn for yourself is limited. If you do not end up with custody, then that money would go to mom and pay toward your CS.

The pension can be calculated as income for CS purposes.

Additionally, if you have been the one home with the kids, have you been the primary caregiver? When my dad was disabled he took over the caregiving duties because he was home and available. If you are caregiver, why would you not petition for primary custody?

 

[NHfather]

ok so if I'm ordered to pay $762.00 a month and the rep payee for the kids (currently Me) is awarded $524.00 she will then become the rep.payee of the $524.00 and I will be responsable for the remaining $238.00.

 

[LdiJ]

ok so if I'm ordered to pay $762.00 a month and the rep payee for the kids (currently Me) is awarded $524.00 she will then become the rep.payee of the $524.00 and I will be responsable for the remaining $238.00.

Yes, that is how the judge should order it to work. However, you need to make sure that either your agreement specifies that the children's benefits cover that amount of your child support obligation, or that the judge orders it that way.