QUESTION
How does SSDI derivative payments from Custodial Parents work history effect Non-custodial Parents Child Support payment
Asked on Nov 14th, 2020 on Divorce - New Jersey
More details to this question:
My Ex just recently made a motion to receive dollar for dollar credit to his child support payments for our two children because he thought I was receiving derivative monies since my SSDI started in 2009. It was at this time I first learned about "derivative" support from SSDI. I called SSDI and asked them to provide a letter stating that I had never received any monies. SSDI researched my application and said that a procedural letter notifying me of the possible availability of the benefits was never sent. Also, I only listed one of my minor children, because I interpreted the question as "disabled minor children in the home" and my daughter has Autism. Our minor son was 6 at the time but not disabled. SSDI said they would go back to 2009 for our daughter but not for our son for payments. Because our daughter is now 22, she will receive the one lump sum. I will receive a one year back and till current date for our son until June when he is 18. Judge gave credit to Ex....
2 ANSWERS
Family and Matrimonial Law Attorney serving Parsippany, NJ
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Weinberger Divorce & Family Law Group, LLC
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Thank you for your question. SSDI is considered as income on the Child Support Guidelines worksheets and is factored in to the parents’ child support obligations. If a child is receiving derivative benefits, that will count as a credit towards the non-custodial spouse’s child support obligation. In terms of whether the court correctly applied credits, we would need to see more information, including the child support guidelines worksheets calculations with supporting documentation and any court order, and we would encourage you to schedule an appointment for a consultation.
Answered on Nov 17th, 2020 at 4:19 AM
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Divorce Attorney serving Short Hills, NJ
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Diamond & Diamond, P.A.
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The most important question is what was the date of the court"s order addressing your former husband's application and when was that order sent to you. For purposes of filing an application with the court for reconsideration, it must be filed with the court within 20 days of the date you received the order from the court ( by email, fax or otherwise) and for purposes of filing an appeal, you must file your application with the appellate court within 45 days of the above date. If you are approaching either date or if you are past those dates, your options are very limited - if any.
If the trial court just entered the order, then I would schedule an appointment with a family law specialist to see what options are available to you.
Answered on Nov 16th, 2020 at 6:39 AM