Family Law Questions? Ask a Family Lawyer Online.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).