The Law Office of Kurt H King

December 19, 2011

No Credit For Child’s Social Security Disability $ If Due To Disability of Custodial Parent

Filed under: Custody,Divorce,Family Law,Support — kurthking @ 10:24 pm
Tags: , , ,

Possible scenario:  Mom has  residential physical custody of a child who receives Social Security Disability each month due to the disability of the mother who cannot work.  Father wants a credit for the amount of the child’s disability checks in order to reduce his child support obligation under Missouri law. 

Answer: No reduction for father becasue the disability money comes to the child because of the disability of the parent with custody–mom. 

But the answer may be yes if the father was the disabled person and the child received disability payments due to the non-custodial father’s disability.

The Missouri case on point is Gerlach v. Adair, 211 S.W.3d 663, 667 hn.8 (Mo. Ct. App. W. D. 2007).

However, there is another angle in through the back door for the non-custodial father to try.   That is that the Missouri Child Support Guidelines are just guidelines from which the court may deviate for good reason.  And one factor which could cause a deviation is that the court is supposed to consider the child’s income in deciding how much child support to order. 

One practical approach to this scenario was experienced in a Platte County, Missouri, court where the judge added the amount of money the child received each month due to the custodial mother’s disability, back into the total income of the mother which resulted in a small but fair discount in the amount of child support that the court ordered the non-custodial, non-disabled father to pay.

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

www.kurthking.com

Bankruptcy, Child Custody & Support, Divorce & Modification, Family Law, Personal Injury, Missouri Workers’ Compensation

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

%d bloggers like this: