My ex-wife, who is the recipient of child support payments made by me since 2003, began receiving SSDI benefits in 2007. She receives roughly $350 per week for "her" and $200 per week for the children. I have read Rosenberg v Merida but that only addresses SSDI benefits related to the payor. What impact, if any, is there on my child support obligation if my ex-wife is the disabled one who is now receiving $200 of weekly SSDI benefit for the children? I am currently paying $503 per week.
Thank you!
SSDI dependency benefits and child support in Massachusetts
In Rosenberg v. Mirida, 428 Mass. 182, (1998) the Massachusetts Supreme Judicial Court attributed the amount of Social Security Disability Income (SSDI) benefits received by the non-custodial parent as income of the non-custodial parent. The Massachusetts Supreme Judicial Court joined a majority of other states in crediting, dollar-for-dollar, the amount of SSDI dependency payments received against the non-custodial parent’s child support obligation. The Massachusetts Supreme Judicial Court viewed the SSDI dependency payment as first being received by the non-custodial payment, and then being paid as support to the dependent child.
In your situation both your ex-wife’s SSDI benefit, and her SSDI dependency benefit are be her income. As the custodial parent she pays her “share” of the child support by virtue of the food, shelter, and support provided to the children by living under her roof. Thus, her receipt of SSDI benefits and SSDI dependency benefits could not reduce your child support obligation. However, since her income has likely been significantly reduced, she might be able to get a modification (increase)of the child support order due to a change in circumstances.