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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13568
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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If i am stii working by collet ss and my child collets ss

Customer Question

If i am stii working by collet ss and my child collets ss payments each mouth do I have to stii pay child support
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Yes, generally, if you have a family court or child support agency child support order, you must pay that unless and until you have a new order reducing or terminating your CS obligation. That said, you can motion your family court for a modification in CS obligation if the old obligation was based on different financial circumstances. For instance, if, when your existing order was made you were working but not collecting, then now you may have HIGHER income (which could cause a CS modification that is contrary to your interests in paying less, possibliy. However, the child also did not have the auxiliary benefit coming to her/him, based on your SS benefit entitlement. So, it could be that the increase in the child's income when considered by the court would cause a reduction in CS obligation - particularly if your income, despite the SS benefit, it not higher than it was before (maybe working income reduced when you retired and took SS, for instance). You may want to have your custody/CS lawyer run the general numbers NOW to see what the guidelines would say as to CS - it could be less. If you weren't working and your overall income DID surely go down while the child's went up due to YOUR retirement, then usually we do see a decrease in the parental CS obligation. So, it is worth looking into unless you are very sure your income is much higher than before.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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