bingobumpkin
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Reged: 09/24/10
Posts: 7
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I took my ex back to court for more placement due to ex living in IL, was awarded extra summer placement and more holidays . I pay $683 monthly for support and my ex does not work. Next is a petition for modification of child support. I recently found out my ex is receiving SSD checks for her and my daughter. How does these checks play into child support? I believe my ex's check is considered as income but how is my daughter SSD check going to be considered? Am I entitled to a credit for child support of the amount of my daughter's check?
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preemiemom
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Reged: 01/17/07
Posts: 19391
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Is the disability check being generated because of your EX's disability? If yes, then No. I don't believe that would be the case. If they were getting it b/c of YOUR disability, then yes.
I don't know if it is possible to attribute the child's portion of the SSD payment as "income" to the other parent, which would then possibly reduce your share; however, it would have to be a pretty hefty amount to really make any impact is my guess.
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The best we can do is live our lives with enlightened improvisation.
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bingobumpkin
recently joined
Reged: 09/24/10
Posts: 7
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Yes it is being generated due to my ex's disability. I have done extensive research before continuing any petitions with the court, since I have been doing pro se my cases. I came across the WI child support laws. With this becoming a shared placement support order her SSD check is included as income. I just am not sure how to read for my daughter's check. Here is what I found for you to read this is directly from WI child support laws. Can anyone help decipher what it means for my daughter's check.
Adjustments for Social Security Paid to a Child: The court may include Social Security benefits received by a child based on a parent’s entitlement to Social Security Disability or Old Age Insurance benefits in the parent’s gross income and adjust a parent’s child support obligation by subtracting the amount of the child’s Social Security benefit. This adjustment may not require that the parent who receives child support reimburse the obligated parent for any portion of the child’s benefit. [s. DWD 40.03 (5), Wis. Adm. Code.]
Defining Income Subject to Child Support: When support is set, the percentage standard is applied to the obligated parent’s monthly income available for child support by adding together the parent’s annual gross income (or annual income modified for business expenses, if applicable), the parent’s annual income imputed based on earning capacity, and the parent’s annual income imputed from assets, and dividing by 12.
For purposes of setting child support “gross income” is defined broadly. A person’s gross income includes all of the following:
• Salary and wages.
• Interest and investment income.
• Net proceeds resulting from Worker’s Compensation or other personal injury awards intended to replace income.
• Social Security disability and old-age insurance benefits.
• Unemployment insurance.
• Income continuation benefits.
• Voluntary deferred compensation, employee contributions to any employee benefit plan or profit-sharing, and voluntary employee contributions to any pension or retirement account whether or not the account provides for tax deferral or avoidance.
• Military allowances and veterans benefits.
• Undistributed income of a corporation, including a closely-held corporation, or any partnership, including a limited or limited liability partnership, in which the payer has an ownership interest sufficient to individually exercise control or to access the earnings of the business, unless the income is included as an “asset available for imputing” income. [Income under this provision is subject to reduction by the business expenses that a court determines are reasonably necessary for the production of that income or operation of the business.]
• All other income, whether taxable or not.
[s. DWD 40.02 (13) (a), Wis. Adm. Code.]
“Gross income,” however, does not include various types of public assistance or child support that the parent receives. [s. DWD 40.02 (13) (a) 10., Wis. Adm. Code.]
Child Support Law in Wisconsin Page 5
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finz
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Reged: 06/17/08
Posts: 6453
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BB,
Your daughter's check from SSDI is income for your daughter, NOT your ex.
It is the government kicking in what your ex would have contributed to her child's care if she had not been disabled. If your ex was the NCP and you were the CP, your dd's check would come to your house with you listed as the custodian for dd.
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bingobumpkin
recently joined
Reged: 09/24/10
Posts: 7
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Thanks for replying, what does this paragraph mean it comes directly from Child Support Laws of WI
Adjustments for Social Security Paid to a Child: The court may include Social Security benefits received by a child based on a parent’s entitlement to Social Security Disability or Old Age Insurance benefits in the parent’s gross income and adjust a parent’s child support obligation by subtracting the amount of the child’s Social Security benefit. This adjustment may not require that the parent who receives child support reimburse the obligated parent for any portion of the child’s benefit. [s. DWD 40.03 (5), Wis. Adm. Code.]
Do you have any clue?? I understand what you are saying, but the laws seems to be stating something different. Am I right or wrong. Thanks for your response.
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finz
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Reged: 06/17/08
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I honestly have no idea.
I just know on taxes their checks count for my kids taxes, not on mine.
edit: To rephrase that, that quote sounds to me like the kids check amount is added to the parent's income for purposes of figuring out what each parent's CS obligation should be and the amount of the kid's check is deducted from the disabled person's CS amount......which is what I think you want it to mean.......I'm just VERY surprised by it because I thought CS was figured on your taxable income.
Edited by finz (09/24/10 11:53 PM)
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Debi
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Reged: 06/03/05
Posts: 7135
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It means the court "may" include it but doesn't have to. I can also tell you that the shared income formula doesn't mean a whole lot unless you're getting close to or have 50/50 placement. It's unlikely the Child's benefits will do much to reduce the CS.
The CS will be be based more on overnights than income up to a certain point. Have you spoken to a lawyer to see if you've reached that point with the increased summer parenting time? If not you will pay 17% of your income regardless of hers. If you have reached that point it may go down a percent or 2. I'd have to guess (and yes this is only a guess) if you have a long distance parenting plan you aren't going to reach that magical overnight number.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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bingobumpkin
recently joined
Reged: 09/24/10
Posts: 7
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We have been to court 14X due to my ex refusing to follow co and placement,with so many cases, I can not afford attorney's any more and have been representing myself the last two years.
Yes my ex lives in IL and since she has been so unreasonable and not following the court, my placement has gone from every other weekend placement and split holidays to two weekend in a row off one,all summer and extra holiday totaling 148 overnights a year which becomes 40% which will decrease my child support and her SSD checks will play into effect. I have been doing all proceedings myself and have been able to understand most of the legal stuff but I am just confused on the check my daughter receives.
Right now I pay $716 and credit of $35 for carrying insurance and have for 5 yrs. When we go back for modification of child support and with my placement time now I will pay $479. My ex receives $500 for my daughter's check, I do not want to take any but my ex wants me to now pay $5000 a yr for a private school that she enrolled without my permission or consult. I feel that with the $500 my daughter receives that should be applied for the school and cover the whole cost and my ex still will have a little left over. I feel if my ex wants me to pay for private school, my daughter's check should be played into the CS amount and reduced. When you go to shared placement the court has to apply variable cost which includes child care, school tuitions and other costs which is why my ex is wanting $5000 a yr. Let me say that originally my daughter attended a public school and the decree had no stipulation about private school. I have another post about the private school thing that explains more.
I feel you think I am trying to get out of paying support, which I am not. I will always support my daughter but after the past 5 yrs and court, enough is enough.
Thank you both for answering. Have a great day!
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Debi
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Reged: 06/03/05
Posts: 7135
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If your case is in WI and you have joint legal custody, shich I can only assume you do then the two of you have to agree on education. If she didn't consult you, you weren't give a choice or you didn't agree to the change I don't think the court is going to force you to pay tuition. Public schools in both IL and WI score pretty high and offer ample oppotunities for sports, arts, extra cirriculars, unless she's in a really poor neighborhood. What is her reasoning for the private school? Just because she wants to isn't going to look too good.
I agreee that if that's where she wants her to go that the Disability money should go toward the school tuition. The money is going directly toward the child, which SS requires and you won't be paying more for tuition.
Good Luck.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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cincsu
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Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
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in the state of CA if the child has significant assets or income that can be used to support them it can be considered. it is definitely worth asking the court/attorney if the SSI can be considered. overall it probably depends more on the circumstances of the case...ie, if the child receives $250/month in SSI vs $2500/month in trust fund income, etc.
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wife of 1, mother of 2, stepmother of .3475902453
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