Thank you for allowing me to assist you.
For child support purposes, the Social Security received by your ex-wife is income. So, if her income is now higher than it was when child support was entered, this could be a basis for a downward modification.
If the payment for the children was from your account rather than you ex-wife's, you would be entitled to a credit under a case called Rosenberg v. Merida.
However, since it was not on your account, you are not entitled to any credit.
A reduction in child support does not justify an increase in alimony. However, you would benefit by characterizing payments as alimony instead of child support because alimony is tax deductible and child support is not.
Thank you. I did see that case but was hoping that it did not matter which parent was receiving the benefit, only that the benefit was new and was, in effect, support for the children. This is disappointing to say the least. At least it is recognized as income.
Yes, at least it is income. Do you have any further questions?
No, that was helpful. Thank you.
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