QUESTION
Can I reduce my child support payments based on the amount of money ex is receiving from ssdi (because of me)?
Asked on Aug 14th, 2011 on Child Support - New York
More details to this question:
I am a divorced male on SSDI. My ex wife is receiving $1016.00 per month for my 12 year old son from SSDI + $440 in child support from me. She is also working. She is receiving more money than I am from social security disability and she can work! I am left with less than $1400.00 and still have to pay for dr''s and medicines every month. What can I do?
1 ANSWER
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Richardson Legal PLLC
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New York courts will typically impute the amount of SSDI given to your son as income to you -- but the court should then credit you back the amount as child support. If you find this confusing, join the club! It is confusing, but basically the short answer is yes, you should be credited with the amount of SSDI given to your son directly. If you have a child support order from the Family Court, you might want to return there and file a modification. If you had support determined in the Supreme Court, return there and you can use the same index number on your divorce papers to file a post-judgment action seeking to modify child support.
Best Regards,
Morghan Leia Richardson, Esq.
Divorce Mediator and Attorney
Richardson Legal PLLC
www.MorghanRichardson.com
www.NYDivorceShop.com
Tel: 347-746-1675
Answered on Aug 23rd, 2011 at 8:46 PM