Legal Question in Family Law in Massachusetts
A few months ago, my ex-husband began collecting Social Security. The child support order for my child is $225 per week. However, my ex-husband no longer pays be child support each week because I receive $1080 / month in Social Security Benefits for Children. However, I believe the support order should be more than this as my ex-husband is in the process of retiring but still working full time and collecting Social Security. At the least, I would like an updated child support agreement from court, stating that the Social Security Child Benefit is our child support. In Massaschusetts, would Social Security Benefits for Children be considered child support and what would be the first step in the process of going to court? Thank you
1 Answer from Attorneys
A modification action is the way to change the court support. Yes, the child benefit is considered payment of child support. However, you may be entitled to additional child support. The child support formula is modified in this instance by adding the money you receive from Social Security to your ex-husband's income. The formula, then results in an amount for child support. The amount you receive from Social Security is then deducted from the child support amount. You could end up getting more money.
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