Saturday, October 13, 2012
How is child support effected if custodial parent is receiving SSDI and both children received a one lump sum?
Q: I am the custodial parent of two 18 yr. old disabled children. I have not applied for SSI for them yet. I recently began to receive SSDI and both of my children received a lump sum of auxiliary benefits. How does this effect their child support and what bearings does it have on each parent?
David Bliven’s answer: There was a case a while back from the highest Court in this state (Ct. of Appeals), Graby v. Graby, stating that receipt of the extra benefit is not a substitute for payment of child support from the noncustodial parent. Moreover, unless what you receive combined with your income increases the combined parental income above $136,000, then it is extremely unlikely to effect what is paid.