NJSBA Family Law Section

Hello, 

Quick question- Is there an authority that entitles/ requires an obligor parent to be reimbursed for child support payments paid to the primary custodian of a disabled adult child, from a lump sum SSI determination payment subsequently made to the primary custodian as trustee of a special needs trust for the same duration?   I realize that the obligor's child support obligation will be adjusted going forward by the amount of the monthly SSI payment, but was not sure if the lump sum should go to the child's trust with a credit toward the obligor's future child support, or as a reimbursement to the obligor for previously paid child support.  

Any thoughts would be appreciated.

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Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
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Original Message------

Hello, 

Quick question- Is there an authority that entitles/ requires an obligor parent to be reimbursed for child support payments paid to the primary custodian of a disabled adult child, from a lump sum SSI determination payment subsequently made to the primary custodian as trustee of a special needs trust for the same duration?   I realize that the obligor's child support obligation will be adjusted going forward by the amount of the monthly SSI payment, but was not sure if the lump sum should go to the child's trust with a credit toward the obligor's future child support, or as a reimbursement to the obligor for previously paid child support.  

Any thoughts would be appreciated.

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

Thanks Russell- much appreciated cites!

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Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

Original Message:
Sent: 01-24-2018 14:01
From: Russell Gale
Subject: SSI lump sum and child support

Valerie,

 

  SSI is not countable income for child support purposes (see Burns v Edwards, 367 NJ Super 29)  so the obligor would not be entitled to any credit paid to the custodial parent.  Furthermore, the obligor is not entitled to a downward adjustment for the child's receipt of SSI (see Gifford v Benjamin, 383 NJ Super 516).  Hope this helps. 

 

Russell Gale, Esq.

Managing Attorney

CENTRAL JERSEY LEGAL SERVICES

313 State Street, Suite 308
Perth Amboy, NJ 08861

Phone – (732) 324-1613 Ext. 2310

Fax – (732) 324-6253

Email – [email protected]

 

Original Message------

Hello,

Quick question- Is there an authority that entitles/ requires an obligor parent to be reimbursed for child support payments paid to the primary custodian of a disabled adult child, from a lump sum SSI determination payment subsequently made to the primary custodian as trustee of a special needs trust for the same duration?   I realize that the obligor's child support obligation will be adjusted going forward by the amount of the monthly SSI payment, but was not sure if the lump sum should go to the child's trust with a credit toward the obligor's future child support, or as a reimbursement to the obligor for previously paid child support.

Any thoughts would be appreciated.

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------