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Apr 19, 2024, 01:11:57 AM

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Probably a repeat - - Disability income

Started by cathy, Aug 02, 2006, 08:31:11 AM

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ocean

This is not true,
Social Security Disability can be garnished (as long as NCP is receiving above poverty level). Disability does NOT replace child support. CP by law can get the same percentage from the NCP's disability check as a regular paycheck PLUS child's portion of disability from social security. Now, most CP's get more on SSD so they leave it alone but that is not the law. I had to sign a waiver stating I knew my right to collect from him but am happy with the chid's portion for child support.

inlimbo

I receive SSA for my 2 children from my ex husband being disabled. Florida DOES consider that to be CS. Even though my ex works part time they don't look at that income.
 Also, what Social Security pays for each child is no where near CS guidelines. I recieve a little over $400 a month for 2 teenagers, but my new husband pays that in CS for one teenager.
 Every state is different, and every case is different. Try a free 15 minute consultation with an attorney to find out for sure.

Good Luck

ocean

Social Security depends on what the NCP made during their working years. If the NCP gets $1800 from SSD then any children split HALF that amount ($900). So if you have all the children from the NCP, you recieve the full $900. IF there are two families involved, then each child splits the $900 equally (Ex. 3 children-giving each child $300). It sounds like your NCP is only making $800/month which falls below poverty level so you can not take from his check.
:)