Child Support in the Arizona Family Court: How Do Social
Security Benefits Affect Calculations?
By
Trent Wilcox
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.
3. If the amount of the child's benefit for a given month is less than the
parent's child support obligation, the parent shall pay the difference unless
the court, in its discretion, modifies the child support order to equal the
benefits being received at that time.
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."
Wilcox & Wilcox, P.C. Trent Wilcox For the Firm
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 weblog: 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 not apply to states other than Arizona.
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.
Mr. Wilcox has worked closely with the National Center for Missing and
Exploited Children to return abducted children to the custodial parent. He has
assisted parents from various countries in cases brought under The Hague
Convention of 25 October 1980 on the Civil Aspects of International Child
Abduction.
Mr. Wilcox plays golf professionally when time remains after family and the
demands of the law office have been met and when he gets a chance to practice,
carries a +3 to +4 handicap.
Article Source: http://EzineArticles.com/
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