The parties divorced. Father was ordered to pay monthly support per guidelines. There were three children, so the guideline amount was 32% of Father’s net income.
Mother was also given the children’s portion of Father’s social security payments. Father argued that the social security benefit for the children should be deducted from the guideline child support. He argued that the Mother should not be getting the guideline amount plus the social security benefit.
Father appealed. The appellate court said that the benefits should have been deducted. Father was being required to pay in excess of the required amount per month.
The trial court was wrong. The dependent benefit was earned by the Father. It was made on behalf of the Father. It was paid with contributions from Father’s earnings.
Father worked diligently his entire life. He was legally obligated to set aside portions of his wages. This was done in order to earn benefits for his dependent children. Someday he may be unable to support them himself.
In re Marriage of Mitter, 2015 IL App (1st) 142695.
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