Child support credit for child's income?

My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?

"Anon" wrote
My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?
==
Well--Did you call DCS and ask? If it's their policy, I'm pretty sure they
can
answer your questions better than we can.

On Sep 5, 1:46 pm, "Gini" wrote:
"Anon" wrote



My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?

==
Well--Did you call DCS and ask? If it's their policy, I'm pretty sure they
can
answer your questions better than we can.- Hide quoted text -

- Show quoted text -

I did call DCS, and after navigating their voice system left a
message. I haven't heard back from them. In the past, they've given
me incorrect information. I'm hoping that someone here may have some
experience with this and can lend some insight.

"Anon" wrote in message
ups.com...
On Sep 5, 1:46 pm, "Gini" wrote:
"Anon" wrote



My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?

==
Well--Did you call DCS and ask? If it's their policy, I'm pretty sure
they
can
answer your questions better than we can.- Hide quoted text -

- Show quoted text -

I did call DCS, and after navigating their voice system left a
message. I haven't heard back from them. In the past, they've given
me incorrect information. I'm hoping that someone here may have some
experience with this and can lend some insight.

Go to the DCS web site. Find the name of the director or manager. Look for
their email address or the email address for constituent services. Send
them an email. Stop dealing with the front line case workers.

usually a dollar for dollar reduction for SSI see
http://www.lowersupport.com
"Anon" wrote in message
oups.com...
My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?

There is a section on using SSI as an offset to child support in How to
minimize support at http://www.fathers-rights.com I have actually tried
cases and had SSI offset child support obligations dollar for dollar.
"fathersrights" wrote in message
news
usually a dollar for dollar reduction for SSI see
http://www.lowersupport.com
"Anon" wrote in message
oups.com...
My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?

On Sep 5, 2:51?pm, Anon wrote:
My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?

Thats not what that says. That says a disabled non-custodial parent
who receives SSDI. That would apply to your ex, not to you, unless you
yourself receive SSDI. His benefit, called an auxilary benefit, is not
considered income to your ex wife and is indeed paid to her with her
being the "payee".

This has absolutely nothing to do with your child support obligation,
nor does it effect it.

On Sep 5, 11:19?pm, "fathersrights" wrote:
There is a section on using SSI as an offset to child support in How to
minimize support athttp://www.fathers-rights.com I have actually tried
cases and had SSI offset child support obligations dollar for dollar."fathersrights" wrote in message

news


usually a dollar for dollar reduction for SSI see
http://www.lowersupport.com
"Anon" wrote in message
roups.com...
My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?- Hide quoted text -

- Show quoted text -

This guys wife is the one receiving benefits, not him and the benefits
are the kids, not hers. It has no bearing on CS.

On Sep 5, 11:19?pm, "fathersrights" wrote:
There is a section on using SSI as an offset to child support in How to
minimize support athttp://www.fathers-rights.com I have actually tried
cases and had SSI offset child support obligations dollar for dollar."fathersrights" wrote in message

news


usually a dollar for dollar reduction for SSI see
http://www.lowersupport.com
"Anon" wrote in message
roups.com...
My ex and I have 50/50 joint legal and physical custody of our
elementry school aged child. I pay child support to the mother.
Child support is calculated in Santa Clara county california. She
receives Social Security Disability income (SSDI). Because she's
disabled, our minor son is eligible to receive social security benefit
payments as well. Social security currently sends HER a monthly check
(in her name) for HIS benefits. Those benefits, since they are
officially considered HIS income, not hers, are NOT included when we
calculate child support.

I found a Department of Child Support letter (http://
http://www.childsup.ca.gov/pub/polic...2/css02-04.pdf) which seems to
state that I get child support credit for HIS social security benefit
payments that SHE receives. My question is, does this apply in my
case and if so, how would we determine the amount of child support
credit that I'd receive... is it 50% like the custody arrangement,
100%, or would it be calculated some other way?- Hide quoted text -

- Show quoted text -

There isnt a single thing on your site about SSI or SSDI. SSI has no
bearing on the child. It is a welfare program for disabled persons
without enough work credits to qualifiy for SSDI. No money is paid to
the child or any dependent and it is NOT considered as income in
determining child support. NO WHERE.

SSDI on the otherhand is based on earnings history and there is what
is called an auxilary benefit (also known as a family benefit). This
is/can be used by a disabled NCP to pay child support because it is
based on earnings history. Aux. benefits are 1/2 the disabled persons
benefits. There is usually no "case" to try. Almost all states support
the auxilary benefit being used for child support purposes.

And an example: Disabled parents benefits are $1000 a month. The aux
benefits (going to kids) are $500. Total "family" benefit is $1500 a
month. The aux benefit is split evenly to all the kids (regardless of
who the mother is) so for this example, say there are 2 kids, each
child receives a mothly benefit check of $250. If there were 5 kids,
it would be $100. Since the child is a minor (benefits stop at age
18), the check goes to the desinated "payee", which is SUPPOSED to be
the CP.

The original poster was trying to claim his ex wifes benefits as HIS
child support payment and it does not work that way.

So before your spam the NG and try to get people to go to your site
under false pretensions, I thought I would set the record straight.
You are a friggin lawyer? Bull****.

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.

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. In this case, though, the CP not the NCP is
getting SSDI. It's the NCP's disability that gives the child the
right to receive $400 per month in the NCPs name. In that case, the
law is vague. A judge may agree to consider this a dollar for dollar
credit. But is it possible a judge would rule that the CP should have
100% control? 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? Remember, this is the kids money.