Posts tagged "derivative benefits"

The Impact of Social Security Disability Insurance (SSDI) Benefits on Child Support

Pursuant to the 2018 Child Support Guidelines, "[i]f a parent receives social security benefits or SSDI benefits and the children of the parties receive a dependency benefit derived from that parent's benefit, the amount of the dependency benefit shall be added to the gross income of that parent." Thus, disability benefits are taken into account when determining a noncustodial parent's child support obligation. Recently, in Leavitt v. Restuccia, the Appeals Court described how to calculate that benefit as part of a noncustodial parent's income for child support purposes.

  • Best Lawyers | Best Law Firms | U.S. News and World Report | 2021
  • Super Lawyers
  • Best Lawyers | 2020
  • Preeminent AV | LexisNexis Martindale-Hubbell Peer Review Rated For Ethical Standards and Legal Ability