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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 17890
Experience:  B.A.; M.B.A.; J.D.
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I am in a custody case to have one of my 2 daughters come live

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I am in a custody case to have one of my 2 daughters come live me, (NOW ALREADY HAPPENING SINCE Feb 13 physically, she was removed from mom because she was cutting herself, 11 yr old) Meaning change custody from her to me as sole physical custody case in MD. I live in Pittsburgh PA .. She has a daughter from her second husband whom has died from Cancer this year, My question is would any SS income for her daughter from her second husband, affect the child support calculations
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


I am in a custody case to have one of my 2 daughters come live me, (NOW ALREADY HAPPENING SINCE Feb 13 physically, she was removed from mom because she was cutting herself, 11 yr old) Meaning change custody from her to me as sole physical custody case in MD. I live in Pittsburgh PA .. She has a daughter from her second husband whom has died from Cancer this year, My question is would any SS income for her daughter from her second husband, affect the child support calculations.




Response
: Absolutely, not. Her daughter's Social Security benefits from her deceased father's Social Security earnings history have no bearing whatsoever in your child support case. The Social Security benefits for her daughter are not hers, are not her income. She is just a fiduciary for her daughter's benefits on the account of her late husband. That income cannot be factored in the child support calculation for your child.

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