My ex-husband is disabled and he is the custodial parent of our adopted son. He receives a Social Security child benefits for our child in the amount of $779 a month and he wants child support as well. He is claiming that I do not receive a credit towards child support for the Social Security child benefit he receives because it is derived from his earned income/disability. All the cases I have found only reflect the disabled parent receiving credit for the Social Security child benefit towards child support. I am in need of a case for a court reply showing credit towards child support for the non-disabled parent in Florida. Does such a case exist?
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Best bet is to contact Social Security and explain your situation. They will further help assist you.
Each case is different. You need to make an appointment with social security and bring all documentation
I believe you are looking in all the wrong places for answers to your problem.
You will have to have an attorney because this type of matter - anything that has to do with child support - will have to go back through the court system for a judge to hear both sides as well as have all the legal information and the court will decide how much child support should still be paid.
You can do this yourself but I would very strongly advise against it as you will probably not be able to find all of the information you will need to present this case before a judge.
Florida is a very strong state where children and support are concerned but the court also has certain guidelines to follow and an attorney will be able to help you sort through all of this.
One of these guidelines is amount of money each parent is receiving and your ex-husband's income will most likely be counted from disability unless he is on SSI and that does not seem to be the case.
Also, the age of the child will probably be considered as cost of living for children changes according to their age (when it is reviewed by a judge).
Parents are supposed to try to keep their children in the same level of living as they enjoyed before the divorce.
If you cannot afford an attorney (for whatever reason) then you should contact Family Services in your area and ask for assistance. No matter the cost, this is a matter that requires an attorney as there cannot be any legal changes concerning child support that are not approved by the court.
Social Security cannot help you with something like this as they have no control over child support that has been set in a divorce in a court.
You are the only one that can get something started and the courts do not move fast so the longer you wait the longer you will be in your present position. You should use an attorney that specializes in family affairs and request a free consultation for them to review your case. Be sure you have all of the papers you can find concerning your divorce/support and any type of legal papers you have received.
After your consultation, you can decide if it would be worth the trouble and expense to move forward.
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