Social Security Disability

North Carolina Divorce Law Divorce and Separation Answers
1

I receive Social Security Disability. I also receive other income from a business own. I know my business income will effect my disability soon. However, the court is using both sources of income to calculate child support.

My STBX income is around $2700. My gross without the children’s portion of SSD is around $3100. With the children’s portion of SSD it is around $3850. Is she a dependent spouse?

My STBX has always been the recipient of my children’s Social Security. From what I understand, I am supposed to claim the children’s portion as income. When I add it to the gross line of my income, over 30% of my gross goes to child support. I do not make enough money to live. She ends up with $4200. I end up with $2350. Something doesn’t seem right.

How is the children’s SSD benefits used to calculate my total responsibility? Does it go in the gross line of the calculator? Does she take it as income in anyway? Would it go into the other parent’s income box on the calculator, if so which parent?

2

Given the small disparity in your incomes I do not believe your spouse can qualify as a dependant spouse. Social security benefits are included in the recipients’ income but are deductible from your overall child support obligation.

3

The temporary child support order says she is a dependent spouse. How do I get that corrected?

I am the reason my girls get Social Security. However my STBX is the recipient of the check. It goes to her. I cannot call Social Security and even ask about payments. Does it go against my gross income or her gross income?

Would it go in the other income block on the form? If not, what is that for?

4

If the court made a finding that your spouse is dependant it cannot be corrected.

The SSD is attributable to your monthly gross income, and then deducted from your child support obligation, which reduces the amount of actual child support you pay directly.