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Child Support & Disability Payments: What to Know in the Orlando, Florida Area

Disability payments count as income for the receiving spouse for a disability of the receiving spouse. Therefore, the payment is used to calculate Orlando child support.

Social Security benefits received for a child as a result of a parent’s disability are included in the income of the receiving parent in the child support calculations. These benefits received are also credited against the receiving parent’s support obligation.

This also applies to SSI benefits paid to a child as a result of the parent’s retirement. The amount paid to the child as a result of the parent’s retirement is included in the parent’s income, and then credited back to that parent’s child support obligation. If the benefits paid to the child are less than the support obligation, then the retired parent pays the difference. If the benefits paid are more than the obligation, then the extra goes to the child too.

Where a parent receives veteran’s benefits for himself or herself, and a benefits for the child, both amounts are included in that parents’ income for child support calculations.

Benefits to a parent from a private disability insurance policy are also included in income for child support calculations.

However, social security benefits received by a parent for a child’s disability and not the parent’s disability are not included in the parent’s income for child support calculations. That is because that payment is intended to provide additional support due to the child’s special needs. It does not reduce the parent’s child support obligation.

If you have further questions regarding Orlando Child Support & Disability Payments in the Orlando, Florida area; you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at 407-732-7620.

This article is for information only and does not form an attorney client privilege.