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September 2009 Newsletter
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PLYMOUTH
COUNTY BAR ASSOCIATION'S 2ND ANNUAL WINE DINNER
On September 10, 2009, the
Plymouth County Bar Association held its second annual wine dinner at
Tosca Restaurant in Hingham. Attorney Ryan, who is a member of
the Plymouth County Bar Association's Social Committee, ran the
event.
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MY SPOUSE/FORMER SPOUSE
RECEIVES SOCIAL SECURITY BENEFITS. WILL THAT EFFECT MY CHILD
SUPPORT PAYMENTS?
The Child Support Guidelines
implemented on January 1, 2009, determine child support
obligations. If either or both parents receive social security benefits,
these benefits are included in his/her gross income.
It is important to know whether an individual receives Social
Security Disability Income (SSDI) or Supplemental Security Income
(SSI). These programs differ in many ways, including payments made
to dependent children, and the time period during which benefits may
be received.
SSDI income is similar to an insurance program, in which a wage
earner has worked and paid into the Social Security Trust Fund for a
period of time. When an individual becomes disabled, he/she is
entitled to monthly payments that may be retroactive back to twelve
(12) months from the date of application. The child(ren)'s
entitlement to the payments come from the parent, representing that
parent's past contributions.
SSI benefits differ, as it is a federal income supplement program
that is funded by general tax revenue and not social security
taxes. Eligibility for SSI benefits is not related to past
earnings, but to help disabled individuals meet their basic needs.
There is no waiting period for benefits under SSI. SSI benefits
are retroactive only to the first day of the month of the
application.
Individuals receiving Social Security retirement or disability income
benefits are entitled to receive a dollar-for-dollar credit against
his/her child support obligation for such dependency benefits paid
directly to the child(ren) or to the custodial parent on their
behalf. However, if a child receives SSI benefits directly
based on his/her own disability, and not as a result of a parent's
need, such benefits are treated differently in determining child
support obligations. These monies should not be credited
against a parent's child support obligation. The child's own
SSI benefits should be utilized for that child's benefits alone.
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HOLIDAY VISITATION REMINDER
It is not too early to be
thinking about the holidays and parenting/visitation time. November
and December will soon be upon us, and it is essential to insure that
provisions have been made for important holiday occasions. If a
hearing on temporary orders has not occurred, or is not scheduled for
some time, holidays should be addressed as soon as possible.
The courts prefer that you not wait until the last minute to address
these important times. Save yourself unnecessary worry, and
plan ahead, so you do not have to seek such orders on an emergency
basis.
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OFFICE HOURS
The office is now back to our
regular hours on Fridays. The office is regularly open Monday
through Friday from 9:00 a.m. to 5:00 p.m. As
always, should an emergency situation arise while the office is
closed, please leave a message on Attorney Ryan's voicemail, and she
will return your call as soon as possible.
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Questions? Comments?
Feel free to visit our website or email the
office.
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COMING IN NEXT MONTH'S ISSUE . . .
Multiple Owners, One Piece of
Property, and Nobody is Getting Along. What Happens Now?
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If anyone has a topic that would be of general interest, please do not
hesitate to contact the office and let us know what items would be of
general interest to the readers of this newsletter.
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This
newsletter is designed to keep you up-to-date with changes in the
law. For help with these or any other legal issues, please call
our firm today.
The
information in this newsletter is intended solely for your
information . It does not constitute legal advice, and it should
not be relied on without a discussion of your specific situation with
an attorney.
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