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ohiocsquestion
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Reged: 10/26/10
Posts: 28
Deducting daughter's SS benefits from CS payments?
      #701292 - 10/26/10 01:59 PM

I just received a child support worksheet from my ex's attorneys. I am the custodial parent. I am currently disabled and receive retirement from my former employer and SS benefits. My daughter receives benefits too as a result.

I am confused because this child support worksheet is deducting my daughter's SS payments from the child support obligation owed by my ex. Why would this be? It doesn't make sense to me.

I have called and emailed the attorney's office to ask why but so far all they are telling me is that if I disagree with the worksheet I can request a court hearing. I don't want to cause extra trouble and expense to my ex if this is the correct calculation.

Does anyone here have any insight into this situation?

Thanks for your help.

Crossposting on Ohio forum as well.

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An eye for an eye makes the whole world blind. Mohandas Gandhi


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finz
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Re: Deducting daughter's SS benefits from CS payments? [Re: ohiocsquestion]
      #701305 - 10/26/10 02:44 PM

I would think the intent would be to deduct herr SSDI checks from his CS amount ONLY if the SSDI was because of your ex's disability.

What is the exact wording ?


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Miranda
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Re: Deducting daughter's SS benefits from CS payments? [Re: ohiocsquestion]
      #701318 - 10/26/10 03:11 PM

I would think all income would be taken into the CS worksheet and her $$$ is considered income therefore reducing his obligation.

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ohiocsquestion
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Reged: 10/26/10
Posts: 28
Re: Deducting daughter's SS benefits from CS payments? [Re: finz]
      #701322 - 10/26/10 03:14 PM

That's another problem. The end of the sentence is cut off at the page break. All it says is the benefits are "due to...".

When I looked online for similar documents they seem to indicate that those benefits are to be deducted from the obligation of the parent who receives the benefits.

Here's an example (item

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An eye for an eye makes the whole world blind. Mohandas Gandhi


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ohiocsquestion
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Reged: 10/26/10
Posts: 28
Re: Deducting daughter's SS benefits from CS payments? [Re: ohiocsquestion]
      #701324 - 10/26/10 03:16 PM

Sorry. Posting on my phone and I hit the wrong button.

Here's the example (item 22):

[censored]://codes.ohio.gov/orc/3119.023

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An eye for an eye makes the whole world blind. Mohandas Gandhi


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Avaya
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Re: Deducting daughter's SS benefits from CS payments? [Re: ohiocsquestion]
      #701331 - 10/26/10 03:27 PM

[quote] My daughter receives benefits too as a result.

I am confused because this child support worksheet is deducting my daughter's SS payments from the child support obligation owed by my ex. Why would this be? [/quote]

Because the state says 'this is how much it costs to raise this child' and since SS is contributing $[censored], that gets deducted from the total cost and the parents make up the difference.

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Eternity is too long to be wrong.


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youngatheart
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Re: Deducting daughter's SS benefits from CS payments? [Re: Avaya]
      #701440 - 10/26/10 06:17 PM

Avaya, that is NOT true.

This varies by state.

To the original poster, I think you're going to have to request a hearing. Because I think your ex's attorney is wrong. DO NOT sign papers just because they say so.

My first suggestion would be to call the Office of Child Support. [censored]://jfs.ohio.gov/Ocs/cicc.stm

They should be able to answer the questions you have, and I BELIEVE they can help you set up the PROPER child support paperwork.


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ohiocsquestion
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Reged: 10/26/10
Posts: 28
Re: Deducting daughter's SS benefits from CS payments? [Re: youngatheart]
      #701455 - 10/26/10 07:14 PM

I did call them today and they said they are not allowed to answer any questions about CS calculation.

I just hate to rack up more trouble and legal fees over one straightforward question.

Perhaps I'll try to find an attorney for a consultation. Part of the trouble is that my ex 's attorneys don't usually handle divorces so I think it's more likely they could have made a mistake.

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An eye for an eye makes the whole world blind. Mohandas Gandhi


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googledad
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Re: Deducting daughter's SS benefits from CS payments? [Re: ohiocsquestion]
      #701557 - 10/26/10 11:27 PM

OHIO CS Guidelines

Any non-means-tested
benefits, including social
security and veterans'
benefits, paid to and
received by a child or a
person on behalf of the
child due to death,
disability, or retirement
of the parent is DEDUCTED from the ACTUAL ANNUAL CS OBLIGATION .

>>>>>>>> His lawyer is correct .

w ww.franklincountyohio.gov/commissioners/csea/pdf/CSX2-10.pdf

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ohiocsquestion
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Reged: 10/26/10
Posts: 28
Re: Deducting daughter's SS benefits from CS payments? [Re: googledad]
      #701568 - 10/27/10 12:22 AM

This is so frustrating. If this is correct after this deduction is taken my ex will be paying only about 5% of his income in CS. __c

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An eye for an eye makes the whole world blind. Mohandas Gandhi


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