Legal Question in Family Law in Massachusetts
We pay child support and my husband is disabled and now his son is also getting social security benefits. Can he get both and what are the guidelines to go in and reduce child support
And I as the wife, does my income come into play?
4 Answers from Attorneys
The child support guidelines still apply. Your husband's income is his total income plus the child's benefit. He is then given credit for the child's benefit. Depending on how the numbers work out. He may not have to pay any more money. Your income doesn't count in the calculations.
You need to rile a complaint for modification, As Mr. Pransky indicated your husband's income is his income but you get credit for the disability payments made to the son.
You may want to file a complaint for modification if the guidelines indicate that your husband's current child support payment is too high. Sit down with your family attorney and see if your husband is paying too much or too little in child support.