Statute, which provides non-inclusive list of forms of income that are to be included in the calculation of a parent’s gross income for child support purposes, includes “disability benefits,” and term “disability benefits,” within the meaning of statute, includes Social Security Disability Insurance (SSDI) and veteran’s disability benefits. Supplemental Security Income (SSI) is a “disability benefit” within meaning of statute, providing that disability benefits are a form of income that are to be included in the calculation of a parent’s gross income for child support purposes, and because SSI is a disability benefit and the legislature has not chosen to exclude SSI as public assistance, SSI should be included in the calculation of gross income for child support purposes.
http://www.5dca.org/Opinions/Opin2015/030215/5D13-4137.op.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.
