On May 7, 2019 Justice O’Brien (with Justice Schmidt and McDade concurring) reversed a trial court decision pertaining to SSDI benefit payments. In the judgment for dissolution of marriage, the parties shared custody of their minor child. The Court was required to consider the SSDI benefit payment received by the child as income to the husband. The child lives with the husband half of the time and the husband has a responsibility to maintain the child’s standard of living. As the SSDI dependent benefit was generated through labor and earnings of the husband and is intended for the current maintenance of the child, it should be used as such. Court was without authority to order that SSDI dependent benefit be put into an account for future needs.

In re Marriage of Benyon Case Number: 2019 IL App (3d) 180364

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