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Hello I live in Missouri and my wife divorced me. We both share

joint custody of my daughter...
Hello I live in Missouri and my wife divorced me. We both share joint custody of my daughter. She has no child support from me but if she were to try to get money what is the most she could get?
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Answered in 6 minutes by:
6/25/2013
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37,855
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Good afternoon Jack,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Can you tell me what your monthly income is, and what your ex's approximate monthly income is---not including money that you might give her voluntarily for support?
2. If you child spends any time in daycare, who pays and how much a month is spent?
3. Do either of you pay for health insurance for your child? If so, who pays and how much is the insurance?

Doug

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Customer reply replied 4 years ago

My monthly income is 1300 a month from SSDI and I receive my daughters amount of 200. My wifes income is approximately 1600 a month. No time is spent in daycare and I pay her health insurance of 16 dollars a month because of low income. I also want to get a job but don't know how much I will make?

Good afternoon Jack,

Thank you for the additional information.

base on the factual circumstances of your financial condition and that of your ex, if a court were to order that you are responsible to pay child support, the expected support would be approximately $275.00 per month.

If you allow your ex to take your child's $200 benefit from social security, that would make your income $1300, hers $1800, and because under the law if your disability results in your ex collecting child benefits from social security, that amount she receives will apply directly against you support obligation.

In that case, after credit for the child benefit, your total payment would be approximately $48 per month.

In terms of you being able to get a job, while it can result in paying more support, under social security rules, if you are receiving soc isl security disability benefits, you may still work.

Social Security has what is called a trial work period. It is a period of 9 separate months where you may earn as much as you want. In 2013, any months you earn less than $750 gross wages in do not count. After you have had a total of 9 months where you earned more than $750 gross, you will be able to work and continue to receive benefits so long as you do not earn more than $1,040 per month.

Here is a link to a social security site which explains this in greater detail: http://www.ssa.gov/redbook/eng/ssdi-only-employment-supports.htm


You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
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Customer reply replied 4 years ago

So I would get my 1300 minus 48 dollars and what if I made 750 a month from a job a month the max I can make under SSDI? How would that affect my child support? I also pay 200 a month for my daughters tuition for school.

Good evening Jack,

Based on the minimal income that you earn, it would be unlikely that the court would obligate you to pay $200 a month for private school. If you want to you are free to do so---but the court would not likely require it.

If you allowed your ex to become the representative payee for your child for the child benefit from social security, and you then earned an additional $750 per month, your support would go up to about $180 per month---from the $48 or so that you would pay with income of just $1300, and your ex getting the social security child benefit.

Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
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Customer reply replied 4 years ago

So Doug if I made 750 per month and let my wife have my childs social security benefit of 200, my child support would be about 180? Keep in mind this is with my 1300 from Social Security.

Good evening Jack,

I assure you, I am keeping in mind that your $1300 is from social security disability (SSDI). Under MO law, even income from social security disability is considered income to you for purposes of child support.

As a very general guideline, regardless of your income, if you have one child, under MO law, your support obligation is approximately 18% to 209% of your monthly income. because you would get credit for the 200 in child benefits that your ex would get, it would drop your support obligation to about $180 per month if you continue to receive $1300 in SSDI and another $750 a month in wages.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
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Customer reply replied 4 years ago

So no matter what I make if she goes after child support and she gets the 200 a month from my daughter I would pay 180 in additional child support? Lastly is it better just to keep giving her the 100 a month she wants because she is not seeking child support and let things stay as they are. I know it is confusing.

Hi Jack,

You wrote: So no matter what I make if she goes after child support and she gets the 200 a month from my daughter I would pay 180 in additional child support?

That is the case ONLY if by the time she seeks child support you are getting the $1300 in SSDI and earning and the additional $750 per month in wages.

If you are smart, you will petition the court yourself---right now, and ask for the court to set visitation and child support. The court will set support based on your present income---so it will be a total of $48 if you give the ex the child benefit.

After the court makes the order---then you go to work. Your ex won't be able to get a modification of support for a year or two after the original support order. And, in order to get a modification, she will have to spend money, take the time and learn how to do it---not an easy thing.

It may be better for you to keep giving her $100 a month for right now---yes, and if you can work and not let her know about it---then that will just be a lot of money saved. Otherwise, get the court to order support---pay your fair share based on your present income---and THEN go get employment while you collect your SSDI.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37,855
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
Verified
LawTalk and 87 other Social Security Specialists are ready to help you
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Thank you for your positive rating of my service, Jack. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
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Customer reply replied 4 years ago

Doug I just found out that the scenario is all the same but I found out I will be getting 1300 a month and my daughter will get 600 a month. Does that change anythiing?

Hi Jack,

You wrote: Doug I just found out that the scenario is all the same but I found out I will be getting 1300 a month and my daughter will get 600 a month.

Getting it (1300/600) from where---SSDI, from work? A parent gets the daughter's money---which parent gets the daughter's?

Doug
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Customer reply replied 4 years ago

I get 1300 for my Disability and I also get my daughters Disability of 600

Thanks for the clarification.

If you are receiving that income from SSDI, $1,900 per month, then if your ex seeks child support, based on your new income of $1,900 a month, your child support would be approximately $350 per month.

Doug
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Customer reply replied 4 years ago

Thanks Doug if she does seek child support can they go after my savings account. Also since we both have joint custody the 600 my daughter gets would that all go to my wife?

Good afternoon Jack,

Support is based on income, not wealth. Your savings has nothing to do with the support calculation.

Only one of you may legally be the Representative Payee. That one of you keeps all the money from social security. If you keep it you owe her the $375 in support, If she gets the $600 from Social Security, you owe no more child support. At this point, it is a better deal if you keep the $600.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
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Customer reply replied 4 years ago

If she goes to be the representative payee can I fight that? I get the full 600 now. I mean how do they determine who the payee is?

Hi Jack,

If you are already the Payee, it would be difficult for her to claim the right. When you have split custody as you do, and you are awarded payment---it generally remains that way.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
Ask Your Own Social Security Question
Customer reply replied 4 years ago

Doug my wife received a letter from Social Security saying that she owes 235 because she was overpaid for all of last year? How can that be possible? Does it affect anything we have discussed?

Good morning Jack,

Your ex-wifes social security problems, and any overpayment letter she may have received is an entirely new question.

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. I am required to ask that you place these new questions in a new thread, as is required by JustAnswer. I do sincerely apologize for any inconvenience this might cause you.

You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posing are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.

As regards any child support that a court might oder you to pay---as I suggested earlier, any change in income of either of you would have an effect on the support ordered.

Doug
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Customer reply replied 4 years ago

Thanks Doug what new thread would I open it under?


 


Jack

Good morning Jack,

As the question is a social security question, all you need do is post your question in the social security category. If you ask for me by name I will be able to assist you there.

Doug
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Customer reply replied 4 years ago

Hello Doug I looked in categories and there is no social security available as an option

Sorry about that, Jack. The social security category is well "hidden". It is located in the Tax category, for some reason.

Doug
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Customer reply replied 4 years ago

Hello Doug thank you I went online and the operator said she switched it to tax category for me because I could not find it.

Good morning Jack,

They should not have done that. They placed it in the wrong category, and they did not open a new thread. This is not a tax matter but a social security matter. Additionally an entire new question thread must be opened.

Here is why. A customer is not allowed to pay the fee for one question, and then continually come back to the same thread over and over asking any legal, tax or other question that they might want to ask.

The customer is expected to open a new thread and make a new deposit for each new question.

Lets do it this way. Go to this web address and ask your new question in the question box on my profile page: http://www.justanswer.com/finance/expert-lawtalk/

If it ends up in the wrong category, I can transfer it for you. Be sure to also put my name in the first sentence---you can just type "For Doug".

Thank you.

Doug
Ask Your Own Social Security Question
Customer reply replied 4 years ago

Doug I typed in exactly what you said but it wanted to give me a new expert? I paid the new deposit. I wanted to keep you as my expert.


 


Thanks


 


Jack

Try asking here: http://www.justanswer.com/law/expert-lawtalk/
Ask Your Own Social Security Question
Customer reply replied 4 years ago

Doug today I found out that I am not the payee for my daughter from Social Security. It is 600 dollars a month. If my wife goes to be the payee would she get the full 600? And would I still have to pay child support if she did indeed get the 600 dollars? What a mess!

Customer reply replied 4 years ago

Hi Doug I paid the additional 48 dollars for another question. I found out today that my wife is the representative payee for my daughter which is 600 a month. If she goes after that money will I owe child support based on my income of 1300 a month and 1000 from a job? About how much? Thank You!

Customer reply replied 4 years ago
Relist: Answer came too late.
Just get an answer
Customer reply replied 4 years ago

Hello Doug I can wait for the answer I just want you to answer it. I got re routed to another page and the answer was not to be. Can you answer this question for me it is a follow up according to Just Ask . com so anyway my wife is the payee for my daughters 600 and I receive the 1300. If she decides to keep the 600 and go after child support and I make an additional 1000 from a recent job about how much could she get? I know I have asked a lot but I trust you and only want to stay with you no other experts. Could you email me at [email protected]

Good morning Jack,

Of course I can assist you. You wrote: Hi Doug I paid the additional 48 dollars for another question. While you may have made a new deposit, there is no new question thread associated with it.

Please open a new question thread by going to this address and asking the question in my question box, and I will be able to assist you. http://www.justanswer.com/law/expert-lawtalk/

When you ask your new question I will need to know some additional information.

1. What state does your ex live in?
2. Has she begun getting a benefit from social security yet for your child.
3. How do you know she is the representative payee.

Thank you in advance,

Doug
Ask Your Own Social Security Question
Customer reply replied 4 years ago

Yes Doug hello and Good Morning. I already receive my daughters money of 600. We both live in MO and I found out yesterday because the Social Security Office told me that she is the representative payee.


 


Thanks


 


 

Helloo Jack,

Please open a new question thread by going to this address and asking the question in my question box, and I will be able to assist you. http://www.justanswer.com/law/expert-lawtalk/
Ask Your Own Social Security Question
Customer reply replied 4 years ago

Hello Doug I typed in your address but they want a different attorney to answer the question. How do I know it will be you?

Hi Jack,

Paste this link to your browser:

http://www.justanswer.com/law/expert-lawtalk/

You will see a page with my name and picture on it. There is a box for you to ask a new question. If you do not see my name and picture, then contact me and I will have customer service assist you.

Doug
Ask Your Own Social Security Question
Customer reply replied 4 years ago

I posted a question a and it was refunded. And Customer Service said to let you know that this is a follow up question that was all he told me his name is Dave. I did try going to your website but your picture pops up in the box and then as I go through the steps the site wants me to have another attorney answer it?


 


Thanks

Missouri is one of many which takes the position that the parent obligated to pay child support is entitled to a credit towards that obligation for disability payments which are made contemporaneous with the support obligation. In Weaks v. Weaks, the Supreme Court of Missouri was faced with the question of whether the non-custodial parent’s Social Security disability benefits could be credited toward his child support obligation. And they ruled that the child benefit is an offset against any other support the non-custodial parent may owe for support Weaks v. Weaks 821 S.W.2d 503 (Mo. 1991).

The $600 your ex gets is offset form any support you pay. If she gets the $600, and you get $1300 and earn $1000, your child support obligation will be $0.00. You will owe no more support---the social security benefits she will get for your child takes care

Please remember to rate my service to you.

I wish you the best in 2013,

Doug

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