And how does Florida factor in disability benefits that go directly to the opposing party?
First, F.S. 61.046(8) states, “‘Income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. United States Department of Veterans Affairs disability benefits and reemployment assistance or unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support.”
So, for purposes of establishing an amount of child support, it is quite clear that income means “any form of payment…, regardless of source.”
But my disability benefits go directly to the opposing party, so how does Florida calculate that?
Florida case law expands on this point and sheds clarity on the issue of disability benefits, and plainly stated, social security benefits should be calculated as income for purposes of determination of child support. Valladares v. Junco-Valladares, 30 So. 3d 519, 524 (Fla. 3d DCA 2010). The benefits are then used to offset said obligation.
So how does it work?
The above referenced case illustrates that, “[W]hen a parent is receiving social security … and, as a result, his or her children receive dependent benefits, the total benefits received by or on behalf of that parent are attributed to the … parent as income *525 in the child support guideline calculation. The dependent benefits are then credited toward the … parent’s obligation, that is, they are a payment of the obligation on behalf of the … parent.” Id. Attributing these benefits as ‘income’ to the custodial parent is only proper when the funds are provided to a child who is disabled and as such ‘may receive supplemental security income in his or her own right.’ Id.” Id. at 524-25. To illustrate this point, in Valladares the husband received social security retirement benefits, totaling $1,515 in dependent benefits, for the two children. Id. at 525. The court held that those benefits should be included as part of the husband’s income for purposes of calculating the child support obligation. Id. However, since the dependent benefits were sent directly to the wife (as primary residential parent) for use on behalf of the children, the $1,515 monthly dependent benefit was deemed to be paid on the husband’s behalf. Id. Therefore, the husband was only then responsible for paying the remainder of the monthly support obligation. Id.
So, to recap, if you receive disability benefits, that amount is taken into consideration for the calculation of support. Then, depending on who is actually receiving said benefit, that will determine if that amount will be deemed paid on your behalf as a credit towards the calculated amount owed. In other words, if you first receive the funds, then send the support to the opposing party, no credit will likely be given, as you have the discretion over how to transfer ownership of said funds. However, if you have no choice and the funds go directly to the opposing party, that amount should be considered a credit towards the guidelines support owed.
If you, or someone you know, is experiencing this type of situation, do not hesitate, contact Men’s Rights Law Firm today.