Your ex's disability is considered part of that person's income. If your child receives disability as a result of the parent's disability (as opposed to the child's own disability) then child support is determined as follows:
The ex's income (and your income) are used to determine child support;
The case of Sealander v Sealander, 789 So.2d 401 (Fla 4th DCA 2001) answered this question.
THe holding interprets the law as follows.
If the ex has a support obligation under the guidelines;from that obligation, the amount the child receives is deducted
If the ex still owes money, then that is the support that would be paid to you.
For example, if the ex's obligation for support is $200 per month under the Florida child support guidelines, and your child receives $100.00, then the ex still owes $100.00
On the other hand, if the obligation is $200.00, and the child receives $300.00, the ex owes nothing (nor does the ex get the extra $100 back.)
You might want to consult with an attorney to help you figure out the guidelines and the applicable credit. It is certainly worth exploring as your child may be entitled to money that is not received at present.
Good luck
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
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