It sounds like you are asking if a person is on SSI and Social Security is sending the ex-wife money for the kids, does the person still need to pay child support beyond that amount. If that is the question, the answer is "Yes, But..." Yes there still is an obligation to pay child support. But, the court will credit the amount that is being given to the ex-wife. Typically the SSI amount is beyond what the New York statute provides for child support. If the SSI just started, your friend should move to modify any order of child support to credit him with the SSI amount that the ex-wife is receiving.
Note that SSI benefits only run until the child is 18 years old, whereas New York law provides children receive support until they are 21 years old. This means when the SSI stops, the ex-wife can get him to pay support again until the child is 21 years old or otherwise emancipated.
Best Regards,
Morghan Leia Richardson, Esq.Divorce Mediator and Attorney
Richardson Legal PLLC31-08 Broadway, Suite 204Astoria, New York 11106www.RichardsonLegalPLLC.comTel: 212-537-6744Fax: 212-574-3337
Answered on Jan 24th, 2013 at 5:31 PM