Can wife receive both CS and SSI?

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Can wife receive both CS and SSI?

Unread postby dadsdivorce » Fri Apr 15, 2005 9:08 am

I reside in the state of Virginia. I am recently divorced after an 8 year legal seperation. I pay $400.00 per month for my 2 children. This was never court ordered but I have paid faithfully. My oldest daughter is now 18 and I no longer have to pay child support for her as of this month. My other daughter is 15 and is autistic. My ex-wife receives $550 per month for her from Social Security. She said she was taking me back to court to have the child support raised to contunue paying the $400 instead of $200 now that my oldest daughter is 18.

In Virginia child support is handled through family court and is not included in the actual divorce. I have never been ordered by the court to pay any child support but have sent it faithfully for the past 8 years. I was told by more than one person that if she is receiving SSI for my daughter that I shouldn't be paying at all. I was told that she can't have both; maintaince from me and the state. Please advise?
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Unread postby dadsdivorce » Fri Apr 15, 2005 9:09 am

I cannot answer your question specifically to the laws of Virginia as I am not licensed in that State. However, most states have specific guidelines for the calculation of child support. Some jurisdictions use the income of both parties in the calculation while other states just look at the income of the parent paying support. In the jurisdiction that I am licensed in, the court would not even consider the income from disability in the formal calculation of support. You would pay the same amount whether the child was receiving disability or not receiving disability.

However, the court has the discretion to "go off the chart" and then consider the disability income to reduce your monthly obligation. It should be noted that in my jurisdiction the child support for your youngest child would likely extend past the typical age of emancipation and could continue for the life of the child. That would depend on the severity of the autism and the ability of the child to become self-sufficient. I suggest that you schedule a consultation with a local attorney to discuss the specific laws on child support and disability.
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