Child Support and SS Disability


#1

My husband and I are seperated. He is on Social Security Disability, he also recieves SSD for 2 of our underage children. They were direct deposited in our joint account, he has since changed the kids SSD and has it deposited in his account.
My first question is, can he take that money from the kids or is that money paid directly to them.
Second, when I file for child support, does the kids SSD money count as part of my husbands income.

Thank You


#2

The money is paid for the benefit of the children, and should be used to provide for their needs.
Social security benefits received for the benefit of a child as a result of the disability or retirement of either parent are included as income attributed to the parent whose earnings record the benefits are paid, but are deductible from the parent’s support obligation. If the disability benefits exceed the child support obligation no order for child support should be entered, unless the court decides to deviate from standard guidelines.