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.
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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?
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