Saturday, September 28, 2013

Can Social Security Earnings be calculated towards child support?

Q:  Am working f/t & am a custodial parent. If I decide to collect social security can my portion of child support be increased and non-custodial parents share be decreased? In other words: Can social security income be calculated towards child support? I am 63 yrs. old.

A:  David's Answer:  All income counts towards the calculation of child support. That said, if you're the custodial parent, then merely because you have greater income does NOT result in a decrease of child support. The only real argument the other parent would have is if the combined parental income now exceeds the statutory cap of $136,000 per year. If that's not the case, then an increase on your end won't provide a basis to downwardly modify the support. For a full assessment, schedule a consultation with a Westchester Child Support lawyer.  --  David Bliven, Westchester Child Support attorney (

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