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Author Topic: disability as income for cp?  (Read 3551 times)

IceMountain

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disability as income for cp?
« on: Apr 27, 2005, 07:39:39 AM »
Is disability insurance considered income for a CP when figuring child support?  I live in Iowa where they compare incomes of CP and NCP and recently found out my ex may be receiving disability or SSI for a 'muscle disorder'.  Prior to this she hasn't worked for over 2 years... but certainly not because of the 'disorder'.


patton

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RE: disability as income for cp?
« Reply #1 on: Apr 27, 2005, 08:54:00 AM »
IF and and say IF the NCP is getting SSI disability through the social security office, you need to call the social security office first and set up an appointment.  The Social Security office will probably TRY to brush you off, but be INSISTENT that you get an appointment to discuss your CHILD's share.

Lots of times the NCP will CLAIM they have the child, and if the child is the mother, the Social Security office will not verify the mother has custody.

The main thing is to be persistent.  You will need a copy of the following your childs social security card, birth certificate and a certified copy of your court order to PROVE you are the CP.




IceMountain

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I am the NCP
« Reply #2 on: Apr 27, 2005, 05:40:20 PM »
I am the NCP.  I just want to know if disability/ssi is considered income for the CP.  Iowa uses a formula that compares CP income to NCP to set the child support amount.  Her income was previously ZERO because she doesn't work, which made me resp. for 100% of uncovered medical and sets my percentage at a higher rate.  So I just want to know if this disability or ssi, whatever it is that she is receiving, is considered income for her.

Is there anyway to find out if she is receiving these benefits?

Thanks for your help.

patton

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RE: I am the NCP
« Reply #3 on: Apr 28, 2005, 09:29:33 AM »
Your case worker at SSI should be able to tell you exactly what she is receiving.  Also I know someone who gets this SSI benefit for their child from the other parent's SSI benefit.    The other parent is not the NCP either.  The grandmother is the NCP.


Okay on your federal income tax it is not counted as wages/salary it is counted under social security.  If you look at an on the form there's a formula for figuring it and you don't have to pay taxes but on a small portion of it.

Does that answer your question?

IceMountain

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Let me rephrase....
« Reply #4 on: Apr 28, 2005, 04:12:26 PM »
Thanks for your input... but I think I may have confused you, so I'll start over.

I am the NCP.  My son lives with his mother, she is the CP.

When figuring my child support obligation for the state of Iowa, CSRU imputes my net income and her net income and compares the two to set the % of child support I owe and the % of medical expenses I am resp. for.

Her income was imputed as a negative number because she does not work and has another child.  (she receives a deduction on the form for that child, which results in the negative number)

If she is receiving SSI or Disability, would that be imputed for her net income?  Or would it still remain as a negative number since it is a Gov't payment?

Also, I tried to research last night and found that if she is receiving SSI or Disability that she is most likely receiving an additional benefit for my son.  According to what I found, it looks like the benefit may replace part or all of the child support obligation because the Gov't is partially supporting him.  Do you have any experience with this?  

I'm not trying to get out of my child support obligation, but would much rather put the $$ in a savings account for my son rather than continue to pay her when she is receiving SSI or disability payment for him.

Any input would be greatly appreciated!
Thanks again.


MyAngels4

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I don't know if this applies, but....
« Reply #5 on: Apr 28, 2005, 04:33:13 PM »
I know if the child is getting SSI, that a portion of the child support the NCP pays, gets deducted from the SSI payment, its like 2/3, I think. I don't know if the same applys for an adult getting SSI though. I know that because my daughter gets SSI, they don't count it as income for me, for calculating child support, and I am a SAHM to 4.

Hope this helps,
MyAngels4

purrrfectgirl

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RE: Let me rephrase....
« Reply #6 on: Apr 29, 2005, 11:50:44 AM »
In Iowa gross income is

Iowa Guideline:
Gross Income. Gross income includes income from any source including salaries, wages, commissions, royalties, bonuses, rents (less allowable business expenses), dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits (but not Supplemental Security Income), workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, Veterans' benefits and alimony, including alimony received as a result of another marriage and alimony which a party receives as a result of the current litigation. Unreported case income should also be included if it can be identified.

So if she's getting disbility from SS then it is income, if she's getting SSI - which is generall provided in conjunction with regular disability, I think - is NOT income.  In my State (not Iowa) that government payment for child against a CP's disabilty is considered part of the CP's income, and not part of the CS from the NCP, unless the NCP is the one disabled.  So the extra that the CP receives for the child is calculated as part of her income and your CS is adjusted accordingly.  But they consider the money she gets extra for the child to be her share of the support for the child so it doesn't off set your CS.

patton

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RE: Let me rephrase....
« Reply #7 on: Apr 29, 2005, 01:39:45 PM »
Sounds like it depends on the state and how they want to count it.  In my cousin's case it is NOT part of the calculated C/S.  It is deducted from the NCP's portion of SSI and put in his account.


Troubledmom

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RE: disability as income for cp?
« Reply #8 on: Apr 29, 2005, 04:09:46 PM »
Uner Title 9 of the Social Security Act, Supplementary Security Income
(SSI) IS NOT countable income. SSDI (Social Security Disability) IS countable income.

SSI requires no previous work history. SSI benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. (SSI is consider NON taxable income)

SSDI payments are specifically based upon the disabled persons work history. To qualify, you must have worked a earn sufficient credits based on taxable work and the amount of SSDI is a precentage of the income you made while working. (SSDI is taxable income)

Hope this helps

TM

IceMountain

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RE: disability as income for cp?
« Reply #9 on: Apr 29, 2005, 05:01:22 PM »
Thank you all very much!  According to the above definitions, I would have to assume she is receiving SSI, which would not be counted as income for her.

 

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