In yesterday’s episode, we discussed several factors that go into determining the amount of child support that will be paid:
In today's episode, we discuss what happens when one or both parents are receiving Social Security Benefits.
Amounts received by a parent under Title II of the Social Security Act are considered income and can form the basis of a child support award. Supplemental Security Income benefits, however, are not included in income and cannot form the basis of a child support award.
If a parent is receiving disability or retirement benefits under Title II of the Social Security Act, then the amount received is included in income to determine the child support obligation. In addition, if the children are receiving money because of a parent’s disability income, that amount is added to the income of that parent. The amounts received by the children are called derivative benefits.
Once the children’s derivative benefits are added to the parent’s disability income, the amount of child support is calculated based on the guidelines. If the calculation shows the parent receiving disability income should be paying child support, the amount of the children’s derivative benefits are subtracted from that parent’s child support obligation. If the difference is a positive number, the parent owes the difference. If the difference is negative, child support will be zero and the parent owes nothing.