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Child Support Offset for Social Security Disability Payments

by | Mar 20, 2015

If a parent is receiving social security retirement or disability payments, the children should also receive social security benefits directly.  Wisconsin addresses this situation. DCF 150.03(5) provides as follows:“ADJUSTMENT FOR CHILD’S SOCIAL SECURITY.  The court may include benefits received by a child under 42 USC 402(d) based on a parent’s entitlement to federal disability or old-age insurance benefits under 42 USC 401 to 433 in the parent’s gross income and adjust a parent’s child support obligation by subtracting the amount of the child’s social security benefit.  In no case may this adjustment require the payee to reimburse the payer for any portion of the child’s benefit.”

Written by Linda Vanden Heuvel

Linda is a skilled litigator but also has the ability to negotiate favorable settlements on behalf of her clients. She saves her clients time, money, and emotional distress through settlement negotiations.
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