youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9394
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In Oklahoma (also an income share state), this is what happens (and SHOULD, IMO):
The SSDI benefits for the child(ren) is added to the income of the disabled parent.
After the child support is figured, and an amount is arrived at, if the disabled parent is the paying party, then the SSDI benefit for the child(ren) is deducted from that amount. If there’s a balance, then the NCP must pay the balance. If the SSDI is more than the CS amount, the CP still gets all of the SSDI benefit check.
If the disabled parent is not the paying party…well, the SSDI benefit for the kids is NOT deducted from the CS amount…because it’s supposed to be the contribution of the disabled parent.
Now…Ohio could be different, but I would be HIGHLY surprised, and I would recommend doing what can be done to change that.
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9394
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Actually, in a lot of states, that SSDI is considered the disabled parent's contribution.
Just as in my case, the SSDI benefits I receive for my kids are considered Ex's contribution.
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ohiocsquestion
newbie
Reged: 10/26/10
Posts: 28
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[quote]In Oklahoma (also an income share state), this is what happens (and SHOULD, IMO):
The SSDI benefits for the child(ren) is added to the income of the disabled parent.
After the child support is figured, and an amount is arrived at, if the disabled parent is the paying party, then the SSDI benefit for the child(ren) is deducted from that amount. If there’s a balance, then the NCP must pay the balance. If the SSDI is more than the CS amount, the CP still gets all of the SSDI benefit check.
If the disabled parent is not the paying party…well, the SSDI benefit for the kids is NOT deducted from the CS amount…because it’s supposed to be the contribution of the disabled parent.
Now…Ohio could be different, but I would be HIGHLY surprised, and I would recommend doing what can be done to change that. [/quote]
This is the solution I proposed to his attorney when she asked me for a counter offer. We really don't need the hassle and expense of another hearing. And I'm not looking for special treatment. I just want them to follow the guidelines in the Ohio code.
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An eye for an eye makes the whole world blind. Mohandas Gandhi
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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[quote]His attorney contacted me via email and asked for a counter offer to avoid a hearing. Why are they asking for a counter if this is all cut and dried?
I told her that it would be acceptable to me if they counted my daughters benefits as my income for purposes of CS calculation but that it should not otherwise be deducted from her father's obligation. I think that would be fair. [/quote]
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That's all that I would offer
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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[quote]See, I disagree. Suppose an NCP wasn't paying the support, but a relative was, for whatever reason. Does that make the child support change? It has been determined that it costs X amount of dollars to care for the child. The child gets Y from the government, and the remainder from the NCP.
Seems to me like people are more concerned with MAKING the NCP give up a certain percentage, regardless of what the needs, and that is not a good mentality. [/quote]
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So if the CP also makes a huge salary, you are fine with NCP contributing nothing ?
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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The child's SSDI benefit from the disabled parent's family benefit IS to be that parent's contribution to raising their child......and that family benefit is 50% of the disabled person's total benefit. How much more of their income do you think should go directly towards the child ?
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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"Seems to me like people are more concerned with MAKING the NCP give up a certain percentage, regardless of what the needs, and that is not a good mentality."
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Don't most of us give our kids more than the y actually NEED ?
My children have no biological or material NEED for ice cream, but I've been known to buy it on occassion.
Isn't that why states use a formula to determine CS ? Because they acknowledge that the higher a family's income is, the higher a standard of living those children enjoy ?
My kids have been lucky to get a few trips to Disney......they don't get to fly all over the world in a private jet and party like rockstars like the Hilton girls got to do. If Mr Hilton divorced Mrs Hilton when the kids were younger and was the NCP, I do think he should have paid more than my husband or I would.......and we should pay more than someone who was living in poverty. The children in each case only NEED the same basic essentials to live on, but each set of parents provided different amounts.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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I read the Ohio statute and it is pretty clear that the child's money is considered in the equation.
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13.1...because I am only half crazy!
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ohiocsquestion
newbie
Reged: 10/26/10
Posts: 28
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I'll try again to copy the code here:
22. ACTUAL ANNUAL OBLIGATION:a . Father: line 18a plus line 21a minus line 21c (if the amount on line 21c is greater than or equal to the amount on line 21a —enter the number on line 18a in Col. I).............................. . $..............b . Any non-means-tested benefits, including social security and veterans’ benefits, paid to and received by children for whom the mother is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the father…... $..............c . Actual annual obligation of father (subtract line 22b from line 22a)......................... $..............d . Mother: line 18b plus line 21b minus line 21d (if the amount on line 21d is greater than or equal to the amount on line 21b —enter the number on line 18b in Col. II)..................... $..............e . Any non-means-tested benefits, including social security and veterans’ benefits, paid to and received by children for whom the father is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the mother…... $..............f . Actual annual obligation of mother (subtract line 22e from line 22d)....................... $..............g . Actual annual obligation payable (subtract lesser actual annual obligation from greater actual annual obligation using amounts
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An eye for an eye makes the whole world blind. Mohandas Gandhi
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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"Any non-means-tested benefits, including social security and veterans’ benefits, paid to and received by children for whom the mother is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the father…... $.........."
That says the SSDI if it is from the dad........it is not in your case, so that would be a $0
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