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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11458
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband has 100% va dusability and ss. Since his income

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My husband has 100% va dusability and ss. Since his income is nontaxable, is my child support calculated differently? We live in al. He makes 4300 and I am told my child support will be 1143 but my husband gets credit for the ss my children collect for his disability so he only has to pay me 750. That seems ridiculous for him to keep all that tax free income and my 3 children an I are stuck living in poverty
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Thanks also for asking for me. Unfortunately, I was traveling yesterday and just saw your question. Usually I pick up within a few hours at the most.
I'm not sure what you mean by "is my child support calculated differently". Differently that what?
It is calculated based on the government's formula for calculating child support when his income is disability and Social Security. He is allowed a credit for the amount that Social Security pays you but that really doesn't have anything to do with the calculation as to what he is supposed to pay, that is just a credit he receives and is based on federal law. It shouldn't reduce the amount you receive, it just reduces the amount he has to pay.
There is an online child support calculator at http://www.alllaw.com/calculators/childsupport/alabama
If you would go there and enter the data and then let me know what it says you are supposed to be paid I can help you figure out if you are being paid correctly.
Please note that the amount the online calculator gives you won't be absolutely correct, but it will give us a pretty good estimation and we can then compare it to what you were told you were supposed to get.