Effect On Child Support Of A Different Child's Death Benefits

[AshleysMom]

Hi all,

I hope someone here can help point me in the right direction with this question. I've searched, but can not find anything!

My sister's youngest daughter is currently receiving a Social Security Death Benefit due to the death of her father.

The father of her other children is seeking Child Support for her teenaged daughter that has lived with him for 6 years.

Can the death benefit her youngest daughter be considered as income when calculating the child support for the other child? I would think that this money is for the care and support of the child who lost her father. The checks and benefits are in her name...

Can anyone help?

[Xena]

Hi all,

I hope someone here can help point me in the right direction with this question. I've searched, but can not find anything!

My sister's youngest daughter is currently receiving a Social Security Death Benefit due to the death of her father.

The father of her other children is seeking Child Support for her teenaged daughter that has lived with him for 6 years.

Can the death benefit her youngest daughter be considered as income when calculating the child support for the other child? I would think that this money is for the care and support of the child who lost her father. The checks and benefits are in her name...

Can anyone help?

No, it cannot be used as income, in the same way that CS recieved for other children cannot be used as income.

[When does it end?]

No the death benefits she's receiving for her youngest child shouldn't be counted. Especially since this particular child is not part of the support order for the other child.

I am wondering if the mother is also receiving benefits under her own name (as a former spouse), and if they would count that as income.

Anyone know?

[aaron]

Your questions belong in your own thread.

The most definitive place to look for information on what does or does not count as income for determination of child support is your state's child support guidelines.