Modifying child support when ex is receiving SSDI benefits

Question:

My ex recently was approved for SSDI benefits along with my children receiving some back payments. Should I file a motion to have my child support reduced due to her receiving these benefits?

With the settlement money my children received, could I get child support modified retroactively for the previous years of payments?

Answer:

In Michigan, courts are obligated to set child support consistent with the Michigan Child Support Formula. SSDI typically is not considered when determining the amount of income available to each parent for the purpose of a child support order. However, a child support payer receives credit for the amount that the minor child receives in SSDI if it is due to the payer’s disability/work history.

As you describe your situation, your children are receiving benefits based upon the payer’s disability. If the children live with the mother and you are the payer of child support, the mother will receive a credit for the SSDI they receive. If the SSDI does not cover the entire child support obligation, you will be required to pay the difference.

In Michigan, child support can only be modified retroactively to the date of filing a petition for modification. It is unlikely that you will have to pay him back for three years of payments.

Although I practice law in Michigan, I cannot give you legal advice without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell does represent clients in Michigan. Thank you for submitting your question.

 

Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.