Child Support Reduction if you are receiving Social Security Disability or Social Security Retirement.
Not everyone knows that if you have minor children and are either receiving SSDI or Social Security Retirement you may receive credit against your child support obligation for independent payments received by your minor child.
Make sure that when you become eligible for social security that you go to the Courthouse or the child support office to make changes to your child support obligation. In Kentucky there is no retroactive modification.
Children whose parents are disabled and or receive social security retirement income are entitled to draw a derivative benefit. This is considered an independent resource of the child and reduces your child support obligation.
Sensitive Deadlines: You should contact the Social Security Administration to find out about any retroactive benefits which you may have missed for your children.
According to the Social Security Administration, under certain circumstances benefits can be paid to a stepchild, grandchild, step- grandchild, or adopted child.
To get benefits, a child must have either:
• A parent who is retired or has a disability and is entitled to Social Security benefits.
• A parent who died after working long enough and having paid Social Security taxes.
KRS 403.212 “Gross income” includes income from any source, except as excluded in this subsection, and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment insurance benefits,
disability insurance benefits, Supplemental Security Income (SSI), gifts,prizes, and alimony or maintenance received.
Specifically excluded are benefits received from means-tested public assistance programs, including but not limited to public assistance as defined under Title IV-A of the Federal Social Security Act, and food stamps.
IMPORTANT EXCEPTION AND CREDIT
SEE KRS 403.211 (15) A payment of money received by a child as a result of a parental disability shall be credited against the child support obligation of the parent. A payment shall not be counted as income to either parent when calculating a child support obligation. An amount received in excess of the child support obligation shall be credited against a child support arrearage owed by the parent that accrued subsequent to the date of the parental disability, but shall not be applied to an arrearage that accrued prior to the date of disability. The date of disability shall be as determined by the paying
agency.
If you are the custodial parent of a child make sure to explore these options when applying for SSDI or retirement income. Also explore this option as soon as you learn that the other parent has applied.
If you need to modify your child support up or down and need legal advise, contact the Aleksander Law Office, PLLC Attorney Anna Aleksander at 502-589-0816. Modification of child support requires a Motion. Remember even though you may get credit for arrearages for SSDI or Social Secuirity Retirement retroactive to the date of your disability, the same rule does not apply to parents who do not receive social security benefits. Child support modifications are not retroactive and a modification maybe warranted if there has been a material change in circumstances. At least a 15% change in support amount creates a rebuttable presumption of the change. Likewise with the new time-sharing child support laws, a change in time sharing that results in at least a (+) or (-) 15 parenting days can be grounds for child support modification in Kentucky.
Written by Anna Aleksander, Attorney. Disclaimer: This article does not contain legal advise and may not be up to date. 2023