Typically, if you receive Social Security disability payments, your child should also receive a payment from Social Security as well. Although this payment to the child does not remove your requirement to pay support, you do get a credit for the amount the child receives on your behalf. This rule was established by the First District Court of Appeals in Williams v. Williams, 560 So. 2d 308 (Fla. 1st DCA 1990). Therefore, if the Florida Child Support Guidelines, using your disability payment as your income (and assuming it is your only income) states you owe $200 per month for support, if the child receives $300 from social security, you will not owe anything directly from your disability income.
Check with Social Security and make sure your child is getting the benefits the child is entitled to directly from Social Security.
Best of Luck,
Cindy S. Vova
Law Office of Cindy S.Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
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