CHILD SUPPORT...Arizona Got It Right

[Dennis Heaton]

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)

[Midtowner]

The law is pretty much the same in OK.

[kevinpate]

Oklahoma does similar by the by. See the Nazworth decision at:
OSCN Found Document:Nazworth v. Nazworth,

[Dennis Heaton]

Thank you Midtowner and kevinpate...found it.

O.S. Title 43, Section 118B

G. Social Security Title II benefits.

1. Social Security Title II benefits received by a child shall be included as income to the parent on whose account the benefit of the child is drawn and applied against the support obligation ordered to be paid by that parent. If the benefit of the child is drawn from the disability of the child, the benefit of the child is not added to the income of either parent and not deducted from the obligation of either parent.

2. Child support greater than social security benefit.

If the child support award due after calculating the child support guidelines is greater than the social security benefit received on behalf of the child, the obligor shall be required to pay the amount exceeding the social security benefit as part of the child support award in the case.

3. Child support equal to or less than social security benefits.

a. If the child support award due after calculating the child support guidelines is less than or equal to the social security benefit received on behalf of the child, the child support obligation of that parent is met and no additional child support amount must be paid by that parent.

b. Any social security benefit amounts which are greater than the support ordered by the court shall be retained by the caretaker for the benefit of the child and shall not be used as a reason for decreasing the child support order or reducing arrearages.

c. The child support computation form shall include a notation regarding the use of social security benefits as offset.

4. a. Calculation of child support as provided in subsection F of this section shall be effective no earlier than the date on which the motion to modify was filed.

b. The court may determine if, under the circumstances of the case, it is appropriate to credit social security benefits paid to the custodial person prior to a modification of child support against the past-due child support obligation of the noncustodial parent.

c. The noncustodial parent shall not receive credit for any social security benefits paid directly to the child.

d. Any credit granted by the court pursuant to subparagraph b of this paragraph shall be limited to the time period during which the social security benefit was paid, or the time period covered by a lump sum for past social security benefits.

____________________


http://www.okdhs.org/programsandserv...omputation.htm

[kevinpate]

No worries.

[Dennis Heaton]

kevinpate...If ya only knew. I owe you and Midtowner an RC and Moonpie!

[kevinpate]

nm . Learn to read better pate. now smh twice

[gjl]

Why do people that pay child support bitch about paying to support kids they brought into this world? I've never understood that. I raised 2 step kids with their father paying $150/month per kid. And we had to have it garnished from his check to get him to pay that. How far do you think $300/month goes toward supporting 2 kids? You don't want to pay for what it costs to support a child, don't bring them into the world.

[PennyQuilts]

Complicated lives are expensive.

[Dennis Heaton]

gjl...I sure hope you don't think I am complaining. I have been supporting our Son, even before he was born, and still do to this day, and I have never missed a CS payment...which is very hard to do nowadays (in most Court Ordered Child Support matters).

I do, however, get a bit irritated when I hear about a CP whom may not get CS, and they don't care enough to contact Child Support Services/Enforcement to even apply for help. I haven't heard of many, personally, but I have known a few.

I still have 6 more years of CS payments, and I will never "complain" about that.

And to those of you that know a little bit about me, lemme hang my clothes on this line by saying this...our Son was born when his Mother was 44 and I was 49. Life is full of surprises! :-)

[PennyQuilts]

I do, however, get a bit irritated when I hear about a CP whom may not get CS, and they don't care enough to contact Child Support Services/Enforcement to even apply for help.

But you can understand why some of us might be a bit miffed that we get stuck with the bill, right? It isn't like anyone asked us if we wanted any part of other people's personal lives/decisions.

[kevinpate]

Dennis, I had an uncle who was a late bloomer so to speak. No children before age 49, then three before he was 52.
At that age for me, two of mine were grown and the third was closing in on 20 fairly fast.

[PennyQuilts]

Dennis, I had an uncle who was a late bloomer so to speak. No children before age 49, then three before he was 52.
At that age for me, two of mine were grown and the third was closing in on 20 fairly fast.

My kids are having kids at the same age I was when I had two of them in college.

[gjl]

gjl...I sure hope you don't think I am complaining. I have been supporting our Son, even before he was born, and still do to this day, and I have never missed a CS payment...which is very hard to do nowadays (in most Court Ordered Child Support matters).

I do, however, get a bit irritated when I hear about a CP whom may not get CS, and they don't care enough to contact Child Support Services/Enforcement to even apply for help. I haven't heard of many, personally, but I have known a few.

I still have 6 more years of CS payments, and I will never "complain" about that.

And to those of you that know a little bit about me, lemme hang my clothes on this line by saying this...our Son was born when his Mother was 44 and I was 49. Life is full of surprises! :-)

The first line of your post says child support I have to pay. It's strange that child support of any kind has to be ordered. But that's just me. Then you go on to state you have 6 more years of payments. If you were not divorced and your child/children continued to live at home after turning 18 would you stop supporting them? And I'm not trying to nit pick you, but more directing this to anyone having to pay child support. I know a lot divorced fathers that act like they are paying a fine when they talk about paying their child support. It's just one of my pet peeves. You bring children into this world, you should pay to support them.

[Dennis Heaton]

kevinpate...My youngest Son (12 yrs old) still can't grasp that he has 3 Nephews and 4 Neices whose ages range from 3 to 14; and that he has 3 Brothers and 2 Sisters, ranging in age from 20 to 36. And the poor fella still hasn't figured out how he ended up with a Father, 1 Brother, 1 Uncle, and a Nephew with the exact same names. Honestly, sometimes I can't wrap my brain around it either. LOL!

(Edited. See there, I can't keep it straight!!!)

[kevinpate]

kevinpate...My youngest Son (12 yrs old) still can't grasp that he has 3 Nephews and 4 Neices whose ages range from 3 to 14; and that he has 3 Brothers and 2 Sisters, ranging in age from 20 to 36. And the poor fella still hasn't figured out how he ended up with a Father, 2 Uncles, and a Nephew with the exact same names. Honestly, sometimes I can't wrap my brain around it either. LOL!

I get it. Not the strangest line up I've come across, but then, I grew up not so far from the AR border and lived in the state a couple of times as well.

[Dennis Heaton]

gjl...Good question, and you have alluded to something that says pretty much my thoughts when this process started. It was never a question of "having to pay" to support our Son. That was never an issue to me. No one had to tell me that I had an obligation or a duty to support MY child. I knew what my responsibilities were from the get go.

Reader's Digest version...we were married, then we were divorced. At the time of our divorce we did not know we were pregnant. My ex found out just a few short weeks after our divorce became final. We decided to have a formal Child Support Agreement drawn up after our Son was born. I think it was her attorney that left a bit of a bitter taste in my mouth after everything was said and done, because he was going for much more than what was reasonable. He, the attorney, did not want to include the fact that our Son had been cared for by me, 52% of the time...which decreased the amount of Child Support. Anyways, it got all worked out.

If any of my children were to live with me after they turned 18, there would definitely be some discussions about our living arrangement, that's for sure! I would definitely point out all the benefits of their living with their Mom instead of me! LOL!

[PennyQuilts]

At the time of our divorce we did not know we were pregnant. My ex found out just a few short weeks after our divorce became final.

My, my. A reconciliation was so close...

[Prunepicker]

“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:

... reasonable amendments.

Wow, this is terrific.

[Prunepicker]

Hmm, we were pregnant. I like the idea because it makes pregnancy a
collaboration, i.e. a dichotomy. How can anyone honestly believe otherwise?

[Dennis Heaton]

Wow, this is terrific.

It sure is! Next up...enforcing visitation (HB3001, HB3471 and SB1612) which is a start but not the solution.

[Dennis Heaton]

Hmm, we were pregnant. I like the idea because it makes pregnancy a
collaboration, i.e. a dichotomy. How can anyone honestly believe otherwise?

Interestingly (to some) there is/or was a Bill before the Legislature proposing that Joint Child Custody should be granted before the birth of a child. I haven't located that one yet.

[GaryOKC6]

The first line of your post says child support I have to pay. It's strange that child support of any kind has to be ordered. But that's just me. Then you go on to state you have 6 more years of payments. If you were not divorced and your child/children continued to live at home after turning 18 would you stop supporting them? And I'm not trying to nit pick you, but more directing this to anyone having to pay child support. I know a lot divorced fathers that act like they are paying a fine when they talk about paying their child support. It's just one of my pet peeves. You bring children into this world, you should pay to support them.

Lots of deadbeat moms out there too. My ex-wife tool off 15 years ago and (fortunately for me) left me with the kids. I came home from night classes in college to find my 4 & 6 year old on the bath tub and my 14 year old in her room watching tv. She was ordered to pay 580.00 per month and has never paid a dime. She owes me over 100000.00 which I will never see. I am ok with hat because I got to raise my kids.

[PennyQuilts]

Hmm, we were pregnant. I like the idea because it makes pregnancy a
collaboration, i.e. a dichotomy. How can anyone honestly believe otherwise?

I think it is a very common turn of phrase and one I enjoy, personally. I used it, my kids used it. I have rarely, however, heard someone claim "we" are in labor because at that point, at least one partner might start getting a little testy about doing all the work. Dad is definitely a junior partner at that point.

[PennyQuilts]

Lots of deadbeat moms out there too. My ex-wife tool off 15 years ago and (fortunately for me) left me with the kids. I came home from night classes in college to find my 4 & 6 year old on the bath tub and my 14 year old in her room watching tv. She was ordered to pay 580.00 per month and has never paid a dime. She owes me over 100000.00 which I will never see. I am ok with hat because I got to raise my kids.

Agreed. And kudos to you for your great attitude. More and more dads are getting primary custody and most of them do a darn good job.