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How Do My Social Security Disability Payments Affect My Child Support?

When child support is calculated in a Florida divorce or paternity case, it is based upon the incomes of each of the parents. This includes income from all sources (employment, interest, dividends, etc.)

When a parent of a minor child becomes disabled, a monthly check will be written to that parent from the Social Security office. In addition, if there are minor children, a check will be written to the parent who has majority timesharing with the children. This changes the normal way that child support is calculated.

In a Social Security disability scenario, the court will treat both the money received by the disabled parent and the money received by the parent with the children (even if it is not the disabled person) as income of the disabled parent.

Well how is that fair if the person without the disability is receiving the checks for the kids? You might ask. What makes it fair is that after the child support is calculated, the disabled parent receives a full credit toward the child support obligation for every dime received by the other spouse because of the children. The result is that hardly ever does a disabled person with children pay child support to the other spouse who has the children in that spouse's home.

If you are going through a divorce or paternity proceeding and you are on Social Security disability, you should consult with your family law attorney and make sure that you get credit for the disability checks written to your spouse for the benefit of your children.

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