QUESTION
Can social security payments for minor children be decucted from child support?
Asked on Oct 16th, 2013 on Child Support - New Jersey
More details to this question:
I am retired and was receiving separate social security payments for two minor children. I am recently divorced and these payments are now going to my ex wife who is the custodial parent. Can I deduct these payments from my child support obligation?
1 ANSWER
Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
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2 Awards
No, you cannot and should not simply deduct them on your own. However, the payments probably will lower substantially your child support obligation--and might even justify you paying no child support depending on the circumstances.
I presume that your child support payments are based on the New Jersey Child Support Guidelines. What has to happen is that a new Guidelines Worksheet needs to be created.
I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting.
I head a law firm that devotes its practice exclusively to New Jersey Family Law matters. It's all we do.
Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.
I would be happy to have a brief telephone call with you, to get more information. There is no charge for that phone call. Please call 973-455-1220.
David F. Salvaggio, Esq.
Answered on Oct 16th, 2013 at 5:45 PM
SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.