Legal Question in Family Law in New Jersey

My situation is this:
I have just come off of Welfare and started to receive Social Security Disability(SSD) not SSI. My Son will be receiving Auxiliary or dependent benefits based on my receiving SSD. I contacted the Child Support Division and they told me that the benefits that my son will receive do NOT count towards my child support obligation.
I owe approximately $23k in arrears and am ordered to pay $25/week at this time though that was not enforced because I was on welfare. My son will be receiving $1050 per month and an approximate $18000 lump sum payment. My understanding is that this lump sum and the monthly payments count towards my child support obligation. I will be receiving a lump sum, though I'm not sure of the amount. What I figured was that my son's $18k lump sum would come off the $23k arrears and the remainder of the arrears would come out of my lump son, then because his $1050 per month is greater than my support obligation my support obligation would be considered $0.
Am I interpreting the situation correctly?

Asked on 9/10/09, 1:35 pm

Gary Moore Gary Moore Attorney At Law

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To get credit for social security benefits you will have to file a motion with the Court.

Answered on 9/15/09, 1:50 pm

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