Question about SS benefits

[TTATWORK]

[DeadManCrawling]

It may be a district specific answer, and I can only hope it is the same for you as us.

We receive SS for our son as well, exactly as you do. His father passed away a decade ago, so it is not from a child support order, or instead of an order.

In FL middle, the SS was not counted in ANY equation. It did not appear on ANY schedule, not on the means test, absolutely nowhere.

This amounts to $1700/month. It could have thrown a wrench into our filing if it had been counted in any fashion.

As our attorney put it to us: The money is NOT YOURS. You DO receive it, and, legally, control it. However, it is not yours legally. It is for the benefit of the child, and though you decide what it is spent on, the courts take the strict legal view that it IS the child's income, not yours.

As I said, I hope that applies to all or even most districts. Only your attorney can definitively answer, I suspect, but I hope it turns out the same for you.

[jennilynn]

I agree that it could be district specific. It's "household income" per se, and in our area, I think they list it but also show it's for a minor child and show the expenses that the money is used towards on Schedule J.

Social Security benefits are NOT counted as income on the means test in our district, not sure of yours.

[jennilynn]

Actually

I just read that Federal Law makes Social Security benefits exempt. They can not be levied, garnished, or taken by a bankruptcy trustee. So even if state exemptions don't exempt it, Federal steps in and does, and makes it not count for income on the means test.

[AngelinaCatHub]

It is your money. Now your lawyer sent you a question. You are paying him for answers not questions. Your child's money is safe but for forms sake, ask your lawyer. This is what he is for.

It is NOT your money in any way, and I am sure you account for his expenses. The forms must be correct in law, even if they would not harm you and yes his monies are exempt. 'Hub

[charismamill]