NJSBA Family Law Section

I have a client (mother) who is disabled and receiving SSD benefits as well as private disability.  The Private disability deducts my client's SSD and the children's dependent SSD benefits from her total private disability payment each month.  

Recently, the father assumed custody of the parties' three minor children.  My client spoke to the private disability company and they indicated they would continue to deduct the amount of the children's dependent SSD benefits even if the Court directs the father to receive them.  

I'm sort of stumped as to how to address this.  I know the father is entitled to the children's SSD benefits, but now it seems like my client would be losing additional money from her private disability for no reason.  I'm thinking the only way around this is to deduct the children's share of the SSD benefits from my client's gross income on the CS Guidelines.  Any other thoughts are most appreciated.

Thanks in advance,

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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100
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I think you need to read the private SSD contract to determine if they have any contractual ability to do what they say they are doing.  You may need to bring them into court; maybe federal court.  You need to work with an attorney who  has a good understanding of how to deal with private disability carriers.  

Also, in a parallel move, I would file a motion with the family court to order the father to return to the mother the amount of money she is losing because he now has custody of the kids.  I'm not sure, but I don't think just recalculating child support makes her whole.


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Marianne Auriemma Esq.
Maywood NJ
(201)712-9663
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Original Message:
Sent: 05-01-2014 09:34
From: Gregory Thomlison
Subject: SSD and Private Disability benefits question

I have a client (mother) who is disabled and receiving SSD benefits as well as private disability.  The Private disability deducts my client's SSD and the children's dependent SSD benefits from her total private disability payment each month.  

Recently, the father assumed custody of the parties' three minor children.  My client spoke to the private disability company and they indicated they would continue to deduct the amount of the children's dependent SSD benefits even if the Court directs the father to receive them.  

I'm sort of stumped as to how to address this.  I know the father is entitled to the children's SSD benefits, but now it seems like my client would be losing additional money from her private disability for no reason.  I'm thinking the only way around this is to deduct the children's share of the SSD benefits from my client's gross income on the CS Guidelines.  Any other thoughts are most appreciated.

Thanks in advance,

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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100
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