QUESTION
Can my Child Support obligation be credited by children's support from my Retirement Benefits to them?
Asked on Aug 12th, 2017 on Family Law - New Jersey
More details to this question:
In New Jersey. I'm divorced 6 years have joint custody of my children and have a perfect record paying child support and my obligations. Their mother is custodial parent. I am now retired and receiving Social Security Benefits and SS has informed me that my children (ages 14 and 11) are eligible to receive benefits. I am not looking to modify my child support obligation. I am just looking to confirm if those benefits would be credited toward my monthly child support obligation and if so, how do I put that into motion. Also, what if the SS amount is more than my obligation? Thank you.
1 ANSWER
Anthony Van Zwaren
Social security retirement benefits are considered income. So, if I understand your question, there is no reason that you cannot use your benefit money in paying your child support. It may even be possible to move to modify your child support if your income has decreased as a result of your retirement. As to whether benefits that may be available to the children will reduce your obligations, I do not believe so, unless you are paying specifically in your child support for some service that may now be provided by Social Security. But there is not enough information to say that it would have any effect.
Answered on Aug 14th, 2017 at 10:45 AM