Legal Question in Family Law in New York

14 yr old daughter now receiving social security based on my retirement -- can this be credited towards my child support payment?(new york)� I realize that this was the case in the mid-90s, and still is the case in most of u.s., but apparently the courts no longer will do this? � I'm ready to go to court, but not if its futile.


Asked on 6/29/10, 2:32 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Based upon a decision from the New York State Court of Appeals, Social Security received by a child even if it is based upon the parents status, is the individual property of the child and is not used to offset child support. Your responsibility to pay child support is separate and independent. Your request would therefore be futile as you say.

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Answered on 6/30/10, 1:41 pm


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