Legal Question in Family Law in Georgia

child support vs SS survivors benefits

My wife & myself had 2 Children. We divorced. My ex wife remarried & died.

After the death of the children's Mother. The kids went to my sister home to live. While I was working to support the kids & myself.

My sister filed & was awarded SS survivors benefits for the kids & is getting child support from me.

As far as I know my sister did not inform SS that the kids where getting child support. Nor did she inform the Courts that the kids are getting SS survivors benefits. I did not give up my parental rights.

My sister, her husband have bought a huge home in the state of Georgia with all of this money which is appox 3000 dollars a month . They cannot afford this home on the money that they earn. My brother-in-law is in the Military my sister does not work.

I do not have the money for a lawyer let alone an apartment & almost living in the street. I bring home 800 a month. after taxes & child support. My sister filed for a modification order to get more child support. Sister lives in Georgia I am in Florida Any suggestions?


Asked on 3/22/09, 10:52 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: child support vs SS survivors benefits

If your case is occurring in Florida, you get credit for the Social Security the children are receiving. I counts as income to the other side, and that should reduce the amount of child support you have to pay.

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Answered on 3/23/09, 9:37 am


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