In this case, our child support lawyers were faced with having to emancipate the client’s three children. While only one motion is filed, its as if you have filed three emancipation motions because each child is treated separately. Even thought the other side opposed our motion, we were successful in getting all three children emancipated. What’s more is that the court ordered the Probation Department to return all of the money in their account to the client.
There are two types of social security benefits: SSD and SSI. Another way to look at government benefits is whether or not they are means-tested. Social security disability is income paid to a person because they are disabled for one reason or another. It is not a means tested benefit so thus, it will be treated like any other stream of income. A means-tested benefit is one where the eligibility is based upon the resources or income of the recipient. Thus, income from SSI, TANF, food stamps and rent subsidies will not be included for child support purposes. If this is the person’s only means of income, there will likely be no child support obligation. Likewise, the court cannot impute income to this parent.
SSD & SSI Benefits Impact on Child Support
On the other hand, any SSD payments received will be used in calculating child support. This includes both income that the parent receives along with any income that the children receive. If you have any questions, feel free to reach out to our team of child support lawyers in New Jersey!