Retirement could be the basis for a modification downward in the child support obligation. However, with that much income after retirement, it probably would not. Usually the amount the child receives from social security disability would reduce the father's out of pocket child support. But if social security is the only income, it would be based upon that. It is his obligation to petition for a modification if there has been a substantial change in circumstances. Hire counsel.
A minor child would be entitled to receive a payment from SS that would be separate and does not reduce the amount the parent receiving SSI actually receives. For calculating child support the amount the child receives and the amount the SSI collecting parent receives are added together and included in the SSI receiving parents income. Then the child support would be calculated as any other child support obligation. The SSI receiving parent's child support obligation is reduced by the amount the child receives directly from SSI. If the amount the child receives directly from SSI exceeds the parents child support obligation then that parent is not required to pay anything in addition. However the payment overage cannot be utilized to reduce arrears if there are any. If the payment does not meet of exceed the child support obligation the that parent must pay the difference.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com
Kelie Cummins SchneiderSocial Security LawyersPittsburgh, PA ·
If a parent begins to recieve SS reitrement benefits (which i'm assuming you meant from the question), a minor child (18 or 19 if still in high school - or if the child is determined to be disabled by age 22) is eligible to recieve benefits based on the retired parent's account. However, the amount that the child recieves in SS benefits, can be used to offset the amount that the parent must pay in child support. (This is an issue that has been raised in the District Court case of "Sealander v. Sealander".)
If this is currently, happening, you should contact a family law attorney in your area immediately. A family law attorney will be able to help you get a child support order filed or modified in order to reflect the new income and what the father should be paying in child support. These orders must be adopted by the Court.
Good Luck.