Child’s Social Security Disability Benefits And Child Support

There are several situations where a child, under the age of 18, will receive social security benefits.  Typically, children receive benefits if one (or both) of their parents are disabled, retired, or deceased.

It is important to note that when calculating the child support obligation, the parent’s income will include his or her own Social Security benefits, but, it does not include the Social Security benefits paid to the dependent child (or children). It is also important to know that Social Security payments to dependent children do not reduce the disabled parent’s benefits.

The child’s receipt of social security benefits does not affect the amount of child support payments that the non-custodial parent has to pay. Therefore, if you are obligated to pay child support, the amount of social security benefits the child receives will not reduce your child support obligation. Similarly, if you are receiving child support, the fact that your child collects social security benefits will not reduce the amount of child support you are entitled to receive.

The reason for this is that Social Security benefits are designed to supplement the child’s existing financial resources, they are not intended to displace the obligation of the parent to support their children. It has been stated that if the children’s parents were still married or living together, the children would have enjoyed a standard of living based on both parents’ income plus the Social Security benefits they will receive.

If you have questions concerning your rights to receive child support or what your child support obligation is, the Badanes Law Office and David Badanes can help you. The Badanes Law Office represents clients in Long Island (Suffolk County and Nassau County).

If you need an attorney, call David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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