New Jersey Child Support

[kjmsw]

I receive Social Security Disability for my self and therefore my son receives a check as well. I am filing a motion for child support from his father. His father tells me that the SS check amount will be deducted from the amount he has to pay, allowing him to pay less. I don't know if this is true but I make substantially less (under $9000) compared to his father, something like $55000, and I don't see how what Social Secirity gives me has anything to do with what his father should pay.

 

[morning_angel]

http://www.njchildsupport.org/
here are the NJ state guidelines:http://www.judiciary.state.nj.us/csguide/index.htm
On page 13 it says:
10. Adjustments to the Support Obligation - The factors listed below may require an adjustment to the basic child support obligation.
....
b. Government Benefits Paid to or for Children - In some
cases, government benefits may be received by or for a child
based on a parent's earnings record, disability, or retirement (e.g., Black Lung, Veterans Disability, Social Security).
Such payments are meant to replace the lost earnings of the
parent and are paid in addition to the worker's or member's
benefits (i.e., payments to family members do not reduce the
member's benefits). A parent may also receive other non-means- tested government benefits that are meant to reduce the cost of the child such as adoption subsidies (N.J.A.C. 10:121- 2). Supplemental Security Income (SSI) and welfare payments received for or on behalf of a child are not included in this category since they supplement parental income based on financial need. If non-means tested benefits are paid to or for a dependent child for whom support is being determined, the benefits must be deducted from the basic support obligation (see Potter v. Potter, 169 N.J. Super. 140 (App. Div. 1979), De La Ossa v. De La Ossa, 291 N.J. Super. 557 (App.Div. 1996), Pasternak v. Pasternak, 310 N.J. Super. 483 (1997), Herd v. Herd, 307 N.J. Super. 501 (App.Div.1998)).
The deduction is provided because the receipt of such benefits reduces the parents' contributions toward the child's living expenses (i.e., the marginal cost of the child). If the benefits received by the child are greater than the total support obligation (i.e., the amount of the obligation after deducting the benefits is zero), no support award should be ordered while the child is receiving the benefits. The benefits will continue to be paid by the government agency to the custodial parent in lieu of child support. If the total obligation is greater than the benefits received by the child, the non-custodial parent's income share of the residual amount (after deducting the benefits) is the support award to be paid
to the custodial parent. Government benefits paid to or for
a child that reduce benefits paid to a non-custodial parent
(an apportionment) should not be deducted from the basic child support award, but should be used to offset the parent’s child support order (i.e., the apportionment represents a payment toward the support order similar to a garnishment).

I hope that is helpful to you. Good Luck!