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Government Benefits for Child

  • 1.  Government Benefits for Child

    Posted 06-23-2014 04:41 PM

    Has anyone experienced a problem when calculating child support where the Parent of Alternate Residence is collecting Social Security (retirement) benefits and receiving additional benefits for his minor children?

    I just had a consultation with Mom (PPR) with 2 young children.  Dad is 66 and  just began collecting SS Retirement benefits.  He has kids 2 overnights per week.

    At this point, HE (not Mom) gets an additional check from SS for his 2 kids which totals about $1700 per month. 

    When I plug in the $400 in Dad's column on Line 5, it adds the income to his net.  Fine, but then the worksheet gives him a CREDIT (on Line 22) for the $400.  This results in Mom owing Dad $226 per week in child support.

    The software (Easy Soft) does not allow me to delete the $400 credit to Dad on his child support obligation. 

    I guess my only option is to file a motion to force Dad to contact Soc Security and have them redirect the $1700 to Mom.   I went on the Social Security website to see if there was a publication that requires non-custodial, divorced, retired parents to have the children's benefit check paid to the custodial parent but couldn't find anything to that effect. 

    Has anyone run into this problem and if so, is a motion my only option?

     

    Lisa M. Radell, Esq.

    207 South Main Street

    Cape May Court House, NJ 08210

    Tel (609) 465-9910

    Fax (609) 465-9920

     



  • 2.  RE: Government Benefits for Child

    Posted 06-23-2014 04:55 PM
    First, I hope the Family Law subsection follows the lead of other groups to make logging in unnecessary to respond.

    Second, I struggled this this issue last month when creating the guideline worksheets as the mediator for the couple you are probably looking at this issue for.

    When the numbers were coming back as they were, I even reached out to another list member to run the scenario by because the outcomes seems odd.

    I am very interested to hear the comments of others.

    Carol

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    Carol Goloff Esq
    Northfield NJ
    (609)646-1333
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  • 3.  RE: Government Benefits for Child

    Posted 06-23-2014 05:02 PM
    It is my understanding that the mom can go directly to the social security administration and ask that the payments are transferred to her as the PPR. The SSA will then reach out to the dad and confirm that she is the PPR.

    ___

    Michael A. Conte, Esquire
    Ulrichsen Rosen & Freed LLC
    (609) 730-3850 ext. 9









    Original Message


  • 4.  RE: Government Benefits for Child

    Posted 06-23-2014 05:08 PM
    Yes, Mom can do that but changing where the checks are mailed will not address the guideline worksheet instructions to add the benefit attributable to the PAR and then give him a credit for the check against his obligation.

    -------------------------------------------
    Carol Goloff Esq
    Northfield NJ
    (609)646-1333
    -------------------------------------------






    Original Message


  • 5.  RE: Government Benefits for Child

    Posted 06-23-2014 05:14 PM

    What child support guidelines program do you use

     




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  • 6.  RE: Government Benefits for Child

    Posted 06-23-2014 05:18 PM
    Easy Soft.

    On the shared parenting worksheet you are instructed to add the derivative benefit to line 5 and then the PAR receives a credit on line 22.

    -------------------------------------------
    Carol Goloff Esq
    Northfield NJ
    (609)646-1333
    -------------------------------------------






    Original Message


  • 7.  RE: Government Benefits for Child

    Posted 06-23-2014 06:06 PM

    Sorry.  We use Family Law.  I know there is a place on the worksheet to input the benefit, but I do know where it is in your program. In my program it is in the income section under "wage like" tab. 

     




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  • 8.  RE: Government Benefits for Child

    Posted 06-23-2014 06:06 PM

    You should review Paragraph 10(c)(2) of Appendix IX-A regarding the treatment of SSR derivative benefits paid to or for the children.

     

    Derivative benefits shall be counted in the weekly net income of the parent whose contribution is the source of the benefits and applied as a credit to that parent's child support obligation.

     

    Wife is PPR and will not owe Husband any child support to him under any circumstances.  A negative result using child support software does not mean she has to then pay him, it just means Husband doesn't owe Wife anything.

     

     

    Blake W. Rush, Esq.

    Pfeiffer, Bruno, Minotti & DeEsch, P.C.

    44 North 2nd Street - P.O. Box 468

    Easton, PA 18044-0468

    (610) 258-4003 (OFFICE)

    (610) 258-1943 (FAX)

    [email protected]

     

    NOTICE: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privilege(s). It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient(s), or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege(s).

     




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  • 9.  RE: Government Benefits for Child

    Posted 06-23-2014 06:57 PM

    I agree that Mom would not owe child support to Dad. But if Dad is receiving the children's $1700 benefit (and doesn't give any of that cash to Mom) the Guidelines don't simply conclude that Mom doesn't owe Dad any child support.  The Guidelines (at least the Easy Soft Guidelines) also conclude that Dad doesn't owe any child support to Mom – including any portion of the kids'  $1700 benefit that he sticks in his pocket each month.  

     




    Original Message


  • 10.  RE: Government Benefits for Child

    Posted 06-23-2014 07:03 PM

    As one of the previous posters said, your client just needs to contact SSA directly and advise them she is the PPR.  Once PPR is verified (which can be done several ways), SSA will then transfer the payment address for the children's benefits to Wife.

     

    Blake W. Rush, Esq.

    Pfeiffer, Bruno, Minotti & DeEsch, P.C.

    44 North 2nd Street - P.O. Box 468

    Easton, PA 18044-0468

    (610) 258-4003 (OFFICE)

    (610) 258-1943 (FAX)

    [email protected]

     

    NOTICE: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privilege(s). It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient(s), or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege(s).

     




    Original Message


  • 11.  RE: Government Benefits for Child

    Posted 06-23-2014 07:05 PM

    It is required under federal law that the SSA derivative benefit be paid to the child.  If Husband is not the PPR, he is not entitled to receive it.

     

    Blake W. Rush, Esq.

    Pfeiffer, Bruno, Minotti & DeEsch, P.C.

    44 North 2nd Street - P.O. Box 468

    Easton, PA 18044-0468

    (610) 258-4003 (OFFICE)

    (610) 258-1943 (FAX)

    [email protected]

     

    NOTICE: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privilege(s). It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient(s), or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege(s).

     




    Original Message


  • 12.  RE: Government Benefits for Child

    Posted 06-26-2014 06:36 PM
    Along with this same topic... 
    Is anyone aware of a case involving an adult disabled child that is receiving social security benefits? I am arguing (in part) that this would be an off-guidelines support calculation, and that the child's benefits should be considered.

    The other aspect of my argument is that there should be two separate child support numbers, one for the two other children, which I believe should remain under the guidelines; and a separate number for the adult child, so that his SS benefits can be maximized... as it stand SS is taking the total child support number, dividing it in half and attributing to the adult child. 

    Thoughts? 

    -------------------------------------------
    Stephanie Hunnell Esq.
    Belmar NJ
    (732)749-3500
    -------------------------------------------


    Original Message


  • 13.  RE: Government Benefits for Child

    Posted 06-23-2014 07:09 PM
    There's no problem with your software, it is calculating the child support properly.  The benefits are coming from Dad so Dad gets the credit.  This may result in Mom paying Dad child support, if the benefits were being paid to Mom.  There are really only two options, either the money goes directly to Mom and Dad gets the benefit of that on the Shared Parenting Guidelines, or the money goes to Dad and his income on line 1 is increased to reflect the extra $1700.00 per month (and you add nothing on line 5 for government benefits for the children because they're not receiving them).  Line 35 of the Shared Parenting Guidelines clearly states that a negative child support award will result in the PPR paying the PAR.  



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  • 14.  RE: Government Benefits for Child

    Posted 06-24-2014 11:13 AM
    For help with the calculation look at Labrosciano, Sheren, Diehl, Burns v. Edwards, 367 N.J.Super. 29 (App. Div. 2004), and (most recently) Gilligan, which can be used to show that dad can pay C.S. in addition to SS derivative benefits, based on his current income or ability to earn.  Also, see 42 U.S.C.A.§1320a-7b, which may show that dad's keeping of the SSD money is a crime. I briefed this if you're interested. 

    Andrew A. Bestafka, Esq.
      
    The Law Office of Andrew A. Bestafka, LLC
    63 West Main Street
    Freehold, New Jersey 07728
    Phone: 732-898-2378
    Fax: 732-414-4299
     
      
     
     
     
     
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