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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 40970
Experience:  30 years as a family law lawyer .
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i was receiving child support and my daughter was getting a

Customer Question

i was receiving child support and my daughter was getting a ck every month through my ex-husbands social security number for supplemental benefits ever since he became disabled. I was receiving both checks monthy. When I was awarded sole custody of my daughter, the judge decided to suspend the chils support because of the SS check she receives. If my ex and I were still married, wouldnt my daughter still get a ck anyway through SS bc she is a minor and we would get ck for him too as income because he can no longer work? It does not seem fair that child support was taken away. I feel like I was penalized for asking for sole custody. I live in NJ Please advise. Thanks.
Submitted: 7 years ago.
Category: Family Law
Expert:  RayAnswers replied 7 years ago.
Thanks for your question.You can seek to modify support here.The judge felt that the ss check represented his half of the support here.I can tell you that if they set this off what he gets in disability here only then it would be in the $200 max range.So in that regard the fact she gets the check actually surpasses what you would get if the child wasn't getting this income.

The real problem here is that to get more support you have to show he is getting some mroe income other than disability.His lack of income here really means the disability check the child gets is more that he would pay otherwise.The judge decides what is fair here--although you have right to seek modification and a different outcome