Legal Question in Family Law in Massachusetts
My ex-husband will be going on Social Security in November and currently pays child support of $975 / month for our 16 year old son. However, when my ex-husband goes on Social Security, he told me that my son will be receiving a $1080 / month child benefit as a Social Security Child Benefit. My husband told me that this will make up for child support since he will not be able to afford to pay me $975 / month when he is retired. Will my ex-husband still be required to pay me something in child support? Thank you
1 Answer from Attorneys
Your ex-husband should seek a modification to clarify this. However, if he is in effect paying MORE than his monthly amount through SSDI, you have a POOR case on contempt. Indeed, I would expect the judge to be harsh toward you for seeking to "double-dip." You and your ex can save a lot of time and money by agreeing to amend the child support using the special joint petition for the purpose, agreeing that his SSDI handles the support. This is quite standard in the Massachusetts child support system, which is why I am warning you in advance that pushing a "double-dip" will get the judge upset with YOU.
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