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PDtax
PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 4674
Experience:  35 years tax and professional advice in all matters money
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I am out of work on permanent disability. I receive social

Customer Question

I am out of work on permanent disability. I receive social security benefits and I did receive social security benefits for my children until 2012. My ex husband is $. 11,000 in arrears in child support. He is trying to get that 11,000 wiped out because of the ss I received for my children. After doing some research it appears that ss disability received by the custodial parent for the children did not become an issue in the courts until 2013. I need to know if this is correct.
Submitted: 2 years ago.
Category: Social Security
Expert:  PDtax replied 2 years ago.
Hi from just answer. I'mCustomer and can assist.The issue you raise is a state specific one.If you tell me what state you are in, I can investigate further.
Customer: replied 2 years ago.
New Jersey
Expert:  PDtax replied 2 years ago.
New Jersey does count children SSDI payments as support. Even though they are your benefits, not his, case law allows those payments to reduce child support paid. The courts feel it if unfair to enrich the custodial parent twice.
I did not see the 2013 effective date you mentioned. The seminal case, Herd v. Herd, 307 NJ 501, was a 1998 case.
It appears your ex will be able to raise a winning argument.
Thanks for asking at just answer. Positive feedback is appreciated. I'mCustomer