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 (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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