Child’s Social Security Disability Benefits And Child Support

There are several situations where a child, under the age of 18, will receive social security benefits.  Typically, children receive benefits if one (or both) of their parents are disabled, retired, or deceased.

It is important to note that when calculating the child support obligation, the parent’s income will include his or her own Social Security benefits, but, it does not include the Social Security benefits paid to the dependent child (or children). It is also important to know that Social Security payments to dependent children do not reduce the disabled parent’s benefits.

The child’s receipt of social security benefits does not affect the amount of child support payments that the non-custodial parent has to pay. Therefore, if you are obligated to pay child support, the amount of social security benefits the child receives will not reduce your child support obligation. Similarly, if you are receiving child support, the fact that your child collects social security benefits will not reduce the amount of child support you are entitled to receive.

The reason for this is that Social Security benefits are designed to supplement the child’s existing financial resources, they are not intended to displace the obligation of the parent to support their children. It has been stated that if the children’s parents were still married or living together, the children would have enjoyed a standard of living based on both parents’ income plus the Social Security benefits they will receive.

If you have questions concerning your rights to receive child support or what your child support obligation is, the Badanes Law Office and David Badanes can help you. The Badanes Law Office represents clients in Long Island (Suffolk County and Nassau County).

If you need an attorney, call David Badanes and the Badanes Law Office at 631-239-1702, email at or visit our web site:  The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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Can I Reduce My Child Support Payment Due to Unemployment? Video

Thank you for joining me. My name is David Badanes. I concentrate in Matrimonial and Family Law, with offices in Northport and Garden City. Today, I am going to answer the following question: Can I reduce my child support payment due to unemployment?

If you have a child support order and you lose your job or your income gets reduced. You may ask, can your child support obligation be reduced? The answer is maybe. You have to prove two things. One, that you lose your job not due to your own fault but that the company was laying off you and maybe some other people not due to your own fault. Second hurdle, you have to show that you’re actively looking for employment and to replace the income you have.

So just because you lost your job or have reduced income does not automatically mean that your child support obligation will be reduced. You have to prove to the court that you should be paying less in child support.

You must see an experienced Long Island attorney if you lose your job and you’re paying child support and you want to pay less. You cannot just simply do it on your own and pay less child support because you lost your job or your income get reduced.

Does “Off The Books” Money Get Calculated Into Child Support? Video

As a matrimonial and family law attorney on Long Island, New York, I am often asked is “off the books” money included when calculating child support.  The answer is most likely yes.  There are many ways that your “off the books” money can be discovered or at least estimated.

Any income you earn, whether it is off the books or not, is included in the child support calculations.




Tips For Getting Your Child Support Obligation Reduced: Video

Hi my name is David Badanes and I am a matrimonial and family law attorney.

If you are paying child support and are now making less money, you may be able to get your child support obligation reduced.

In order to get a reduction in your child support obligation, you need to show that the reduction in your income is through no fault of your own.  You will also need to show that you are trying to earn the same amount of money that you once did.

In order to get a reduction, it is important that you have the right documentation and evidence.  Simply making less money is not enough to get a reduction.


What is the Difference Between Alimony (Spousal Maintenance) Payments and Child Support?

David P. Badanes, Esq.

Alimony There is a significant difference between alimony (spousal maintenance) payments and child support payments. The amount of child support is typically determined by a formula and is based on your income. For most parents, the amount of child support that you have to pay is not significantly altered by the amount of income that your ex-spouse earns.

In contrast, the amount of alimony you may have to pay is not determined by a formula. Furthermore, the amount of alimony you pay will absolutely depend on how much income your ex-spouse earns (or could earn).

In New York, child support typically ends when the youngest child turns 21 years of age. In theory, you could pay alimony until your ex-spouse dies, although, the length of time you have to pay alimony is based on many factors.

Child support payments, whether paid or received, is not considered income. Accordingly, there are no tax consequences to the payment or the receipt of child support payments.

Alimony payments are considered income and must be declared on your income taxes. If you make alimony payments, you can deduct the amount you pay from your income.

If you are getting divorced and need more information about child support and alimony (spousal maintenance) and what your legal rights are, call David Badanes and the Badanes Law Office. We have helped numerous individuals with their divorce. Call 631-239-1702, or contact us today. The Badanes Law Office has two offices in Long Island: Northport and Garden City.

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