Posted by Nydia Streets of Streets Law in Florida Child Support
How are social security disability dependent benefits treated in calculating Florida child support? In a recent case, the court credited these payments to the mother’s income, and the father appealed. The case is Cruz v. DOR, 4D2024-2179 (Fla. 4th DCA October 8, 2025).
In this administrative child support proceeding, the court apportioned payments received by the children for the father’s disability to the mother’s income. The father appealed, and the appellate court reversed on concession of error by the Department of Revenue, citing § 61.30(2)(d), Fla. Stat. (2024) (“Social security benefits received by a minor child due to the retirement or disability of the child’s parent shall be included in the parent’s gross income.”). As the father argued, “The benefits should have been attributed to the father’s income and credited toward his monthly support obligation.”
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