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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9908
Experience:  Experienced Family Law Attorney
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My yearly income from SSDI is $25,116. After 13 years of

Customer Question

My yearly income from SSDI is $25,116. After 13 years of marriage my wife wants a divorce. She is self employed and makes $8400/year documented. We do not own a home, nor any assets other than what is in our home. We have 2 kids, and they get about $500 each from my SSDI.
About how much is this going to set me back financially speaking. I know the kids benefit follows the child to who ever has custody, but what about shared custody.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
So child support is based on the parties' respective income (which includes the parent's SSDI) and the time share assigned to each parent; the more income one receives, the higher the support order; similarly, the more time one spends with the child, the lower the support order. Child support is based on statutory guidelines and the state has provided a calculator for purposes of estimating child support payments - here The court is allowed to deviate from these guidelines when circumstances warrant- such may be the case where the child receives auxiliary social security benefits. The court may include this as income to the representative payee parent, or they may order the money to be split. The basis for allowing for a split is because the money is to be spent on the child's care/needs. As for spousal support, that is entirely at the discretion of the judge; the court will attempt to allow both parents to have enough income to maintain the standard of living achieved during the marriage, with the understanding that both parties may have to have a reduced standard of living since two homes are more expensive to maintain than one. Also if a spouse is voluntarily un/underemployed, the court may impute income (assign that person a dollar amount) to be used for support calculations; this is to encourage both parties to be fully employed. This concept applies to both child and spousal support.
Expert:  LegalGems replied 1 year ago.
FC 4320 shows how much discretion the judge is allowed in spousal support matters, especially when one looks at the last factor:(1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. (2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living. (d) The needs of each party based on the standard of living established during the marriage. (e) The obligations and assets, including the separate property, of each party. (f) The duration of the marriage. (g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health of the parties. (i) Documented evidence, including a plea of nolo contendere, of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party. (j) The immediate and specific tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties. (m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325. (n) Any other factors the court determines are just and equitable.
Expert:  LegalGems replied 1 year ago.
FC 4504 does address social security auxiliary benefits, but only to the extent that there is an assigned custodial and non custodial parent -so it does not address joint custody. However, one could argue that the spirit of the law is to reduce the obligor/SSDI parent any monies received by the non-SSDI parent: 4504. (a) If the noncustodial parent is receiving payments from the federal government pursuant to the Social Security Act or Railroad Retirement Act, or from the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and the noncustodial parent notifies the custodial person, or notifies the local child support agency in a case being enforced by the local child support agency pursuant to Title IV-D of the Social Security Act, then the custodial parent or other child support obligee shall contact the appropriate federal agency within 30 days of receiving notification that the noncustodial parent is receiving those payments to verify eligibility for each child to receive payments from the federal government because of the disability of the noncustodial parent. If the child is potentially eligible for those payments, the custodial parent or other child support obligee shall apply for and cooperate with the appropriate federal agency for the receipt of those benefits on behalf of each child. The noncustodial parent shall cooperate with the custodial parent or other child support obligee in making that application and shall provide any information necessary to complete the application. (b) If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act, or by the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and received by the custodial parent or other child support obligee shall be credited toward the amount ordered by the court to be paid by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid. Any payments shall be credited in the order set forth in Section 695.221 of the Code of Civil Procedure. (c) If the custodial parent or other child support obligee refuses to apply for those benefits or fails to cooperate with the appropriate federal agency in completing the application but the child or children otherwise are eligible to receive those benefits, the noncustodial parent shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child or children in the amount of payment that the child or children would have received that month had the custodial parent or other child support obligee completed an application for the benefits if the noncustodial parent provides evidence to the local child support agency indicating the amount the child or children would have received. The credit for those payments shall continue until the child or children would no longer be eligible for those benefits or the order for child support for the child or children is no longer in effect, whichever occurs first.
Expert:  LegalGems replied 1 year ago.
For some reason this did not post but I wanted to make sure you had the information from the agency directly that addressed this:here Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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