Social Security Disability and Child Support

What is the effect on child support of social security disability payments received by a custodial parent on behalf of a child when the payment is the result of the social security contributions of the parent ordered to pay child support? This question is answered in Section 26 of the Arizona Child Support Guidelines.Section 26.B. provides that if the SSDI benefit is equal to or greater than the paying parent’s child support obligation, then that parent’s obligation is satisfied. Any benefit received by the child in EXCESS of the current monthly child support obligation is NOT applied toward child support arrearages or to future child support. Under recent Arizona case law, however, the excess MAY be applied to the paying parent’s CURRENT share of the child’s medical expenses not covered by insurance. If the SSDI benefit is less than the child support obligation, the paying parent owes the difference.Here are a couple of examples:1. The monthly child support obligation is $600. The SSDI benefit received by the custodial parent on behalf of the child as a result of the paying parent’s contributions is $800 per month. The current monthly child support obligation is satisfied. The $200 excess is not applied to arrearages or to future child support, but if there are unreimbursed medical expenses for the child currently owing, the $200 excess MAY be applied toward the paying parent’s share of such expenses.2. The monthly child support obligation is $750. The SSDI benefit is $500 per month. The paying parent owes the custodial parent the $250 per month difference between the benefit ($500) and the monthly obligation ($750).

Other than this limited exception outlined above, income earned or received by a minor child has no impact on court-ordered child support obligations. Benefits received by a parent NOT on behalf of a child, however, will generally be counted as income of the parent receiving the benefit for purposes of calculating child support except as otherwise provided in Section 5.B. of the Guidelines.