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