Legal Question in Family Law in Louisiana
Married couple with one child� Husband is disabled and gets a check for social security ($1,000.00) and check from the military $2,800.00). The child also receives a check in the amount of $563.00 a month made payable to her directly from social security. Wife doesn�t work.
Now, wife and husband split. Does husband have to pay her child support or does that $563.00 count as her child support�..
2 Answers from Attorneys
The amount the child receives will be accounted for in total computation of support. This amount may not be total child support award.
The tax payer is not responsible for the father's support obligation. What the child receives belongs to the child and cannot be considered as long as the child is a minor. That money should be placed into an account for the child and the parents should be responsible for supporting the child. Of course, since the money the child gets is because her father is disabled, then some credit could be given to the situation for that amount. However, why doesn't the father ask for custody? Either way, the mother will be credited for income equal to her education and work history, or at least minimum wage.
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