Child support credit for child's income?

On Sep 9, 12:20?am, Anon wrote:
Here's the funky thing about all this. Custody in this case is 50/50,
so I'm not sure the CP and NCP labels apply. Her income was
calculated using only the money the mother receives from SSDI. The
calculation did NOT include the $400 per month the child receives,
even though it is paid in the mother's name. The mother has 100%
control over how that money is spent.

--- That does not mean a thing. She is also in control of the kid. By
law, she HAS to be in control of the SSDI money for the kid as SSDI
will not pay the child directly but rather to their cusotdial parent.


The law says that if the NCP (the father in this case since he is
paying child support) were receiving SSDI, and as a result the child
gets money that Social Security would would send that check to the
mother and the father would get a dollar for dollar credit towards his
child support payments.

--- Yes

In this case, though, the CP not the NCP is
getting SSDI.

--- yes

?It's the NCP's disability that gives the child the
right to receive $400 per month in the NCPs name.

--- It's actually in the kids name but gone on


?In that case, the
law is vague.

--- The law on this is EXTREMELY clear

?A judge may agree to consider this a dollar for dollar
credit.

--- for who? You? No.

But is it possible a judge would rule that the CP should have
100% control?

--- Social Security decides that, not a judge and a jusge CAN NOT
overturn SSA.


Or perhaps, would a judge rule the father should be
entitiled to a 50% say over how the money is spent, since he has 50%
custody?

--- Nope

Remember, this is the kids money.

-- Supposedly.


Bottom line is you will not be getting credit for the kids SSDI and it
is not included in her income. Tough titties on this one..

I got the final word from Child Support Services. This is a legal
loophole benefitting the mother anyway you cut it. Here's a summary
of our conversation:

With 50% custody, the state considers the mother the Custodial Parent
simply by virtue of the fact that she earns less money than the
father.

- Since the minor child receives this money, it's sent in a check
payable to the mother.
- The father receives 0% child support credit for this money.
- The courts consider this the child's income and will not consider
this when calculating child support.
- The father, with 50% legal and physical custody has 0% say in how
this money is spent.
- It's essentially double child support

The father is on private insurance disability, and is required by the
insurance company to apply for SSDI himself. If he is awarded SSDI
benefits, the insurance company will deduct the SSDI payment from his
insurance payments leaving his income unchanged. So the mother will
continue to be considered the Custodial Parent (less income), and
receive the same amount in child support (SSDI does not change income
in this case). That changes things, but in a very strange way:

- If the benefit using the father's name is higher than when using the
mother's name, Social Security will send the greater amount (not the
sum of both).
- The mother will continue to receive the child's derivative benefit
checks (she's still considered the CP)
- The mother maintains 100% control over the money, and it is not
included in child support calculations.
- If Social Security retroactively pays an increased benefit amount,
that additional money will go to the mother.
- Child Support Services can apply that increased benefit check toward
any child support arrears.
- If retroactive pay exceeds child support arrears, the mother gets
100% control over any excess money.
- If the monthly benefit amount exceeds the child support payment, the
mother gets 100% control over the excess money.
- If the benefit amount exceeds child support. CSS will close the case
and stop collecting regular payments, arrears payments, and perhaps
even medical care payments as long as the child receives the
derivative benefit as a result of the father's disability and that
benefit amount is greater than the child support amount.

In my mind, this is a legal loophole benefiting only the parent who
makes less money, independent of the child's best interest or terms of
the custody arrangement.

On Sep 10, 3:01?pm, Anon wrote:
I got the final word from Child Support Services.

And it's the same as I already told you


This is a legal
loophole benefitting the mother anyway you cut it. Here's a summary
of our conversation:

As I told you


With 50% custody, the state considers the mother the Custodial Parent
simply by virtue of the fact that she earns less money than the
father.

- Since the minor child receives this money, it's sent in a check
payable to the mother.

As I told you

- The father receives 0% child support credit for this money.

As I told you

- The courts consider this the child's income and will not consider
this when calculating child support.

As I told you

- The father, with 50% legal and physical custody has 0% say in how
this money is spent.

As I told you

- It's essentially double child support


I never said that and neither did CSS. Thats your opinion.


The father is on private insurance disability, and is required by the
insurance company to apply for SSDI himself.

I COULD have told you that if you had mentioned that/

If he is awarded SSDI
benefits, the insurance company will deduct the SSDI payment from his
insurance payments leaving his income unchanged.

Yes

So the mother will
continue to be considered the Custodial Parent (less income), and
receive the same amount in child support (SSDI does not change income
in this case).

Yes

That changes things, but in a very strange way:

- If the benefit using the father's name is higher than when using the
mother's name, Social Security will send the greater amount (not the
sum of both).

Yes..SSA rule

- The mother will continue to receive the child's derivative benefit
checks (she's still considered the CP)

Yes

- The mother maintains 100% control over the money, and it is not
included in child support calculations.

Yes

- If Social Security retroactively pays an increased benefit amount,
that additional money will go to the mother.

Of course

- Child Support Services can apply that increased benefit check toward
any child support arrears.

Yes

- If retroactive pay exceeds child support arrears, the mother gets
100% control over any excess money.

Yes

- If the monthly benefit amount exceeds the child support payment, the
mother gets 100% control over the excess money.

Yes

- If the benefit amount exceeds child support. CSS will close the case
and stop collecting regular payments, arrears payments, and perhaps
even medical care payments as long as the child receives the
derivative benefit as a result of the father's disability and that
benefit amount is greater than the child support amount.

Yes

In my mind, this is a legal loophole benefiting only the parent who
makes less money, independent of the child's best interest or terms of
the custody arrangement.

It's not a loophole. It's the law and it applies to thousands and
thousands of people on SSDI



If you want to email me off the forum, I have a lot of experience in
this area and can answer almost every question you have down the
road..believe me..

As an example, I didnt have ANY arrearage, and my kids received a
$7,000 retro payment..which was actually awesome..and yep, it went to
Mom..who prommptly spent it