| Social Security benefits can affect child support in two | | | | majority, those amounts may be credited toward the |
| ways. First, if either the parent paying child support (the | | | | paying parent's child support obligation. Notice this is a |
| "obligor") or the parent receiving child support (the | | | | "may" and not a "shall," meaning that the court has |
| "obligee") receives Social Security benefits, the Arizona | | | | discretion in this child support matter. |
| Child Support Guidelines require that the Social Security | | | | B. If a child receives benefits, such as social security or |
| benefits be included in determining either parents | | | | insurance, because the paying parent made the child |
| income. Thus, the Social Security benefits help to | | | | eligible to receive such benefits by paying into the |
| determine the initial child support obligation. | | | | system, those amounts will be credited toward the |
| Second, the Social Security benefits can affect the | | | | paying parent's child support obligation in the manners |
| amount of child support that must be paid out of | | | | described. Notice this is a "shall" and not a "may," |
| pocket by the parent paying child support. Section 26 | | | | meaning that the court has no discretion in this child |
| of the Arizona Child Support Guidelines addresses this | | | | support matter. |
| issue and states verbatim as follows: | | | | C. As mentioned above, a parent who receives |
| A. Income earned or money received by a child from | | | | payments directly on his or her behalf must include |
| any source other than court-ordered child support shall | | | | those amounts in income totals used to calculate child |
| not be counted toward either parent's child support | | | | support. However, the exception to this provision is |
| obligation except as stated herein. However, income | | | | provided by the Child Support Guidelines Section 5(B) |
| earned or money received by or on behalf of a | | | | which states, "Gross income does not include sums |
| person for whom child support is ordered to continue | | | | received as child support or benefits received from |
| past the age of majority pursuant to Arizona Revised | | | | means-tested public assistance programs including, but |
| Statute Sections 25-320.B and 25-809.F may be | | | | not limited to, Temporary Assistance to Needy |
| credited against any child support obligation. | | | | Families (TANF), Supplemental Security Income (SSI), |
| B. Benefits, such as Social Security Disability or | | | | Food Stamps and General Assistance." |
| Insurance, received by a custodial parent on behalf of | | | | Wilcox & Wilcox, P.C. |
| a child, as a result of contributions made by the parent | | | | Trent Wilcox |
| paying child support shall be credited as follows: | | | | For the Firm |
| 1. If the amount of the child's benefit for a given month | | | | Phoenix office: |
| is equal to or greater than the paying parent's child | | | | 3030 N. Central Ave., Ste. 705 |
| support obligation, then that parent's obligation is | | | | Phoenix, Arizona 85012 |
| satisfied. | | | | Ph: 602-631-9555 |
| 2. Any benefit received by the child for a given month | | | | Fx: 602-631-4004 |
| in excess of the child support obligation shall not be | | | | Goodyear office: |
| treated as an arrearage payment nor as a credit | | | | 1616 N. Litchfield Rd., Ste. 240 |
| toward future child support payments. | | | | Goodyear, Arizona 85338 |
| 3. If the amount of the child's benefit for a given month | | | | Ph: 623-344-7880 |
| is less than the parent's child support obligation, the | | | | Fx: 602-631-4004 |
| parent shall pay the difference unless the court, in its | | | | Visit our website: |
| discretion, modifies the child support order to equal the | | | | Check out our weblog: |
| benefits being received at that time. | | | | Disclaimer: Providing the above information does not |
| C. Except as otherwise provided in section 5.B, any | | | | establish an attorney-client relationship. To create such |
| benefits received directly, and not on behalf of a child, | | | | a relationship, both the attorney and potential client |
| by either the custodial parent or the parent paying child | | | | must sign a written fee agreement. The information |
| support as a result of his or her own contributions, shall | | | | contained herein is meant only as general information |
| be included as part of that parent's gross income. | | | | and is not meant to be relied upon for the purpose of |
| The interpretation of Section 26, above, minus some of | | | | taking legal action. You should contact an attorney in |
| the legalese, is really pretty simple: | | | | person for further and specific information. Wilcox |
| A. If a child receives benefits from a source outside of | | | | & Wilcox, P.C. attorneys are licensed in Arizona |
| the parent paying child support, it will not normally | | | | only except for personal injury attorney Robert N. |
| diminish the paying parent's child support obligation | | | | Edwards, who is licensed in Arizona and Minnesota. |
| unless the Arizona Child Support Guidelines provide a | | | | Information in this article may not apply to states other |
| specific exception. However, if a mentally or physically | | | | than Arizona. |
| disabled child receives child support past the age of | | | | |