Are My Social Security Benefits Used for Child Support Calculations?

Child support is confusing enough on its own, let alone when you get social security benefits involved. Do benefits count as income? If so, will I be required to pay more support than I am already? If you've been asking yourself similar questions, you're not alone. It can be helpful to first understand how child support is calculated in Florida.

The court considers several different things, including:

  • The income of both parents
  • The number of children involved
  • The monthly cost of daycare covered by both parents
  • The monthly cost of health insurance covered by both parents

However, the question still remains – are the social security benefits I receive part of my income?

Social Security Benefits & Your Income

There are two kind of social security benefits you can receive – Social Security Income (SSI) or Social Security Disability (SSD). Social Security Income is viewed as a means-tested benefits. This means that the recipient's eligibility is based on their income. Therefore, SSI benefits are not a part of your income and will not be included in child support calculations.

Social Security Disability benefits are a different story. These payments are based on the money you've earned while employed and anything that your employer contributed to a common trust fund under the Social Security Act. Because of this, SSD benefits are a substitute for income you are unable to earn and will be considered part of your income during child support calculations.

If you receive SSD benefits, your children may be able to receive extra benefits until they become an adult at 18 years of age.

My firm has been assisting individuals with questions like these for nearly nearly 30 years. I have also been BV® Rated by Martindale-Hubbell® and was chairman of Jax Bar Family Law Section for seven straight years. I would be happy to act as your advocate to pursue a successful resolution to any of your child support complications.

Contact Charles E. Willmott, P.A. today to speak with a Jacksonville divorce attorney!

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