I'm paying child support, and my child is receiving Social Security benefits based on my disability or retirement. Does that reduce the amount of child support I have to pay?
In some cases it does reduce the amount of your child support payment. The “Arizona Child Support Guidelines” adopted by the Arizona Supreme Court in 2005 address this.
“Benefits such as Social Security, Disability, and Insurance received by a custodial parent on behalf of a child as a result of contribution made by the parent paying child support shall be credited as follows:
•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.
•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 payment.
• 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 it’s discretion, modifies the child support order to equal the benefits being received at that time.
(https://www.azdes.gov/main.aspx?menu=24&id=6413)
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