Child Support - How does Social Security Disability for custodial parent's
disability affect my child support?
Question
My former spouse receives Social Security Disability and my daughter recently
went to live with him and she also receives a check from his disabilities.
Will I still be required to pay child support even if what she receives
is much more than what I would be ordered to pay for support based
on my income?
Answer
Presuming your case is in Michigan, under the Michigan Child Support Formula
a payer receives credit for the amount that the minor child receives only
if it is due to the PAYER's disability/work history. As you describe
the situation, the child is receiving benefits based upon the father's
disability. If the child lives with the father, the mother would
be the support payer, and there would not be credit for the SS benefit
that the child receives. The amount received, however, would be additional
income for the father (payee) and would therefore have some effect upon
the amount of support ordered.
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Last Updated: 5-4-08
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