soc security children's benefit goes to ex-wife, can it reduce my child support?

[Gustaf7131]

In a few months I will begin to draw my social security, and the children's benefit will be large. I have a 5 yr old biological child who I have about 40% of the time and my ex-wife has him about 60% of the time and she is deemed in the state of WA as the primary parent in our divorce papers. I am presently paying a considerable child support payment to my ex, based on my salary which is about double her salary (and based on other things I suppose). The Social Security children's benefit I will be eligible for will amount to about double what I pay in child support now, and it will all go to her. She is supposed to use it to care for our child. My question is this: What is the legal precedent (if there is one - I noticed there is one in New Jersey) for me to legally get a reduction in child support once she is receiving the benefit? In New Jersey (I read on the internet) the obligor 's(me) child support can be reduced dollar for dollar by the amount of the retiree's children's benefit from Social Security up to the full amount. I cannot find a reference to this in Washington State, when I google it.

 

[army judge]

Your wages will go down when you retire.
Your child will get social insecurity.
You need to speak with a lawyer to determine just how much the child support will be reduced.
There is a possibility that you'll have to pay nothing, once you retire.
That is why you hire a lawyer to argue that before a court.
But, it will go down.
Most likely, you'll no longer have any out of pocket payments, because social insecurity will be paying it for you.
It won't go to her, it'll go to her for use on the child.
Social Insecurity will have her account for those funds annually.
If those payments are double your child support, you'll have no out of pocket.
Your lawyer might argue that some of those payments come to you (for the 40% of the time the child is with you).
Hire a lawyer.
It'll be well worth it.

 

[Duranie]

It's possible that your support will be reduced but you need to google the guidelines to see what your state will allow.

 

[Gustaf7131]

I have tried googling quite a bit, I just can't find the keywords to give me the info. You imply WA. state will have guidelines in place already. Boy would I like to get my hands on those.

 

[army judge]

I have tried googling quite a bit, I just can't find the keywords to give me the info. You imply WA. state will have guidelines in place already. Boy would I like to get my hands on those.

Your remedy is to hire a lawyer and request the child's social insecurity benefits be applied in lieu of your direct payments. Googling won't do that, only a court action will. The sooner you retain an attorney, the sooner you'll get your relief.


Sent from my iPhone using Tapatalk