Greetings, List-mates -
I have a client with 2 sons, who live slightly more than 50% of the time with their mother, my client's ex. Client is about to begin receiving SSDI payments and so will the sons - the amount of the government benefit payment will considerably exceed his child support obligation. SS administration considers the mother the "custodial parent" and therefore payments will be directed to her.
We should be able to have these SSDI payments be considered child support, to the extent of the child support order, that's the easier part. My question is whether the Family Court can direct that the remaining funds be held in trust for the 2 sons, rather than going directly into mother's pocket. These payments would be a significant windfall to the mother, far beyond what was bargained for in the MSA. Clearly there is jurisdiction to address the child support aspects of this case - I am wondering if the Court's equitable and parens patriae roles will give it jurisdiction to handle all the parts of this that we anticipate.
If anyone has dealt with this question, I'd love to hear how you dealt with it.
Thanks, all!
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C. Megan Oltman Esq.
Princeton NJ
(609) 924-2044
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