Even though Florida has established child support guidelines, when one of the parents receives social security benefits, calculating child support using Florida Child Support guidelines can be difficult and unclear. There first question is always, do we consider these benefits as income? Will my child support increase because of these benefits? How does the court consider these benefits when determining child support payments in the State of Florida?
The court considers several elements including the following:
- The income of both parents
- The number of children involved
- The monthly cost of daycare or aftercare for the minor child(ren)
- The monthly cost of health insurance for the minor child(ren)
However, the question still remains… are the social security benefits I receive part of my income?
GROSS INCOME and social security benefits
There are two kinds of social security benefits a parent typically receives – Social Security Income (SSI) or Social Security Disability (SSD). Social Security Income (SSI) is awarded to a recipient based on his or her income. Therefore, SSI benefits are not considered income and are not included as part of calculating child support in the State of Florida.
Social Security Disability (SSD) benefits are a given a different treatment under Florida law. These payments are based on your career earnings and the amount contributed by your employers to the Social Security trust fund. These monies are treated a substitute for income which you are unable to earn. SSD benefits will be considered part of your income for the purpose of calculating child support guidelines.
If you receive SSD benefits, your children may be able to receive their own benefits until they become an adult at 18 years of age based on a parent’s receipt of these benefits.
I would be happy to act as your advocate to pursue a successful resolution to any of your child support complications. Contact Darren K. Edwards, P.A. today to speak with a Fort Lauderdale divorce attorney.
