Calculation of Support: Social Security As Income

lundi 30 mars 2015

My question involves child support in the State of: New York



I have a question reference child support and Social Security in New York. The numbers are fictitious and just to make it easier to understand. It’s enough to say I pay rather high support compared to many other people.



Several years ago, I was summoned to a Family Court support hearing. The judge considered my pension and a current part-time income of $5000. The judge awarded child support in the amount of $ XXX to my son who is living with his mother. I was never married to the woman.



I recently turned 62 and started collecting early Social Security retirement benefits. After reading the online literature and speaking with Social Security personnel, I realize that my son (who is under 18) is entitled to 50% of my retirement benefits. This money does not affect the amount of money I receive ($1000), my son would receive ($500) in additional to what I get.



I cannot file or bank it for him. His mother has to do the paperwork and if I do not notify her soon, past money my son could have collected is irretrievable. However, if I notify his mother, she will become aware that I am receiving Social Security. In court, they will find my part-time pay has doubled to $10,000. That is $5000 more than was calculated in the previous support hearing. Add that to the $12,000 in Social Security “income” and I could be liable for 17% of this newly discovered $17,000 in income.



Will the NY courts “double tax” this Social Security? (I get him $500---50% of the value of my check and she gets more support because of my income increase).

Even though I found a way to provide my son with $500 a month to save for college I feel I am opening myself to be punished. Has anyone in NY gone through this before?





Calculation of Support: Social Security As Income

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