lara fors dee price-sanders social security and child support – together helping families
TRANSCRIPT
Lara ForsDee Price-Sanders
Social Security and Child Support –
Together Helping Families
Overview of information sent by SSA Issues, concerns State case law Results
SSA and CSE
SSA Match
State Verification and Exchange System (SVES)o Title II, Title XVI, Prisoner
SVES for children Proactive SVES match Pending Title II claims
SVES Prisoner
Over 6,500 correctional institutions Cost recovery program Data reported at time of incarceration Release date-not updated Prison/facility address Contact name and phone number
SVES Title XVI
Recipient name, address and date of birth
Date of benefit or denial Current payment status and amount Benefit payee information Historical payment information Verified death information
Proactive SVES Title XVI
Monthly match for NCPS new or ended Title XVI benefits
Indicator on MSFIDM matches
SVES Title II – Type of Benefits
Retirement Disability Auxiliary/Survivors
Disability Defined
A medical condition preventing substantial work for at least 12 months, or expected to result in death.The determination also considers age, education, and work experience.
SVES Title II
Recipient name, address, and date of birth
Claim Number and Beneficiary ID Code
Date and amount of entitlement Current pay status Historical record of benefits Denial, suspension and termination
dates Verified death information
Railroad retirement indicatoro Send IWO to: Railroad Retirement Board
844 North Rush StChicago, IL 60611-20922
SVES Title II
Proactive SVES Title II
Returns SVES match data for person added or changed on the FCR
Return SVES on children when locate requested on an adult
Survivor/Auxiliary Benefits
If a wage earner receives a benefit, his/her eligible children, spouse and divorced spouse(s) may also be eligible for benefits
If the wage earner is deceased but was injured at the time of death, his/her surviving children, spouse and divorced spouse(s) can be eligible for survivor’s benefits.
Eligible Children
Natural Adopted Illegitimate Step Grand Disabled adult Student child
Title II Pending Claims
Sent Proactively for new applications Send IWO to SSA address provided SSA will hold IWO until benefits
approved SSA will apply to initial lump sum
payment
Children receive an insurance benefit off of an NCP’s Social Security Retirement. Does that apply towards the child support?
Yes…
In re Marriage of Martin, 32 Kan. App.2d 1141 (2004) held that a child’s insurance benefits based on NCP’s Social Security retirement benefits are a credit against the parent’s child support obligation.
SSA - KansasRetirement Benefits
.
SSDI benefits are not public assistance and count as income in calculating child support. In re Marriage of Callaghan, 19 Kan. App.2d 335 (1994)
Kansas would input actual NCP SSDI benefit amount as the income amount on the child support worksheet.
SSA - KansasSSDI - Establishment
Social Security Disability payments are subject to income withholding/garnishment to satisfy past due child support payments. Mariche v. Mariche, 243 Kan. 547 (1988).
A child’s SSDI benefit payments may be credited against current child support accruing that same month, but cannot be credited against past due support. In re Marriage of Williams, 21 Kan. App.2d (1995)
Child’s SSDI benefit amount satisfies the entire child support obligation if greater than child support ordered amount. Andler v. Andler, 217 Kan. 538 (1975)
SSA - KansasSSDI - Enforcement
In re marriage of Hohmann, 47 Kan. App.2d 117 (2012) the Court gave the NCP credit towards his child support arrears that accrued during the months covered by the child’s auxiliary lump sum benefit.
In re Stephenson and Papineau, 2013 WL 5014230 (9/13/2013) NCP not entitled to reimbursement for child support payments made during time when minor child ultimately received retroactive lump-sum payment of obligors SSD benefits. The excess benefit is a gift that inures to the benefit of the children.
SSA - KansasSSDI - Enforcement
Practical considerations for impact of Hohmann and Papineau:• When does the child’s auxiliary benefit get paid out?• How and when does the IV-D agency find out the child’s lump
sum benefit amount and period covered?• Incentive to not pay current support.
• Impact on family• Impact on incentive measure• Contempt, really?
• Papineau: “Papineau argues that he would have been better off not making timely child support payments while his Social Security case was pending. While that may be true, his children certainly would not have been better off if Papineau had defaulted on his child support obligation, and such a default could have subjected Papineau to a judgment for accrued/past-due child support or a finding of contempt by the district court.”
SSA - KansasSSDI - Enforcement
SSI benefits are not income under the Kansas Child Support Guidelines. Thus, an NCP receiving SSI as sole source of income owes $0 for continuing child support obligation. State v. Moses, 39 Kan. App.2d 1054 (2008)
As a result of Moses, all cases that are found to have an NCP on SSI have a modification review conducted and child support modified to $0.
Establishment of support for NCPs on SSI results in a $0 order so the case counts as a case under order for incentive purposes.
SSA - KansasSSI
If child is getting SSI due to his/her own disabilities, the NCP does not get any reduction in the child support obligation. In re Marriage of Emerson, 18 Kan. App.2d 277 (1993)
Adoptive father gets no credit for child’s survivors’ benefits from biological father and the CP doesn’t count it as income to determine child support. The benefits the child receives are not attributable to adoptive father. In re Marriage of Beacham, 19 Kan. App.2d 271 (1994)
SSAChild’s Benefits
There are three sets of questions the attorney needs to answer before proceeding:
Is the NCP already receiving benefits or has the NCP allegedly applied for benefits/will apply?
If the NCP is receiving benefits already, are they Title II benefits (SS), or are they Title XVI benefits (SSI)?
Is this in an Establishment action or is this in an Enforcement Action?
Referrals to the CSE Attorney
Determine whether the benefit is SS or SSI Request that NCP to provide written
verification by SSA of benefit amount or check your automated system
If the benefits are SS, determine whether child(ren) are receiving the auxiliary (dependent) benefit and verify the amount and the number of children that are covered
When the NCP is already receiving benefits …
Determine where NCP is in the process to give yourself a timeline
Verify that NCP has an application with SSA by checking your automated system or request a copy of application from NCP
Verify that NCP listed the child in your action on the application as a “child” for benefit purposes
Request a copy of NCP’s “Social Security Statement”o Find yearly gross reported incomeo Find amount of benefit if successful
When the NCP has allegedly applied for SSA benefits…
Give NCP directions to SSA office or online at www.ssa.gov
Tell NCP to keep a copy of application for you Tell NCP to put all of his children on the
application Tell NCP to apply for Medicaid
o Medicaid application automatically files for Social Security Benefits; workers in that office may help you monitor NCP’S compliance with process
When the NCP is “going to” apply for benefits…
In addition to tips listed previously, contact NCP’s disability attorney for time frames for a decision
Request a copy of medical records or have NCP sign a Medical Release form
Monitor that NCP is keeping doctor appointments for SSD determination
Send IWO to SSA; SSA will put in their COGS system Check automated system for new hire and quarterly wage
information to see if NCP has other (potential) income If NCP has private attorney, do discovery for income and
assets If you confirms that NCP is receiving Medicaid and Food
Stamps, may want to close referral / end action
Establishment with SSA application
If NCP is receiving SS benefits, all of NCP’S benefit is included in income; the child’s benefit from NCP’S SS is not included on the calculation anywhere
If there is an auxiliary (dependent) benefit, that amount is credited against the child support calculation amount before an amount is ordered
CS order may be zero Bonus question: What if the CP is receiving SS and
receives an auxiliary benefit for the child. Where does that child’s benefit go on the calculation? that’s right……no where
Establishment Cases and SSD
SSD benefits are subject to IWO’s Even if the child’s auxiliary benefit exceeds the amount
of current child support due in a month, if there are arrears, send IWO to SSA for the arrearage paymento See Missouri’s Weaks v. Weaks, 821 SW2d 503 (NCP’s credit
is limited by the amount of current due)o See Massachusetts's Rosenberg v. Merida, 697 N.E.2d 987
(NCP’s credit is equal to the benefit)o See Arkansas’s Grays v. AR Office of CSE, 289 S.W.3d 12 (no
bright-line rule; discretion with trial court for equitable consideration)
Enforcement Cases with SSD Benefits
Disability determinations are reviewed at different intervals
NCP may be working and still receive some disability payment, so you may have multiple sources of income to attach
Enforcement Cases with SS Benefits
If NCP is receiving SSI, the benefit is not included on the child support calculation as income
No auxiliary benefit is available to dependents
If no part of benefit is SS, report to the child support agency that NCP is on SSI only and be prepared to get Court to order paternity and state debt only; other factors may make you argue for some support
Establishment Cases and SSI
Not subject to IWO’s If NCP is receiving SSI only and no other
verifiable form of income, may close the referral, especially for civil contempt cases because you have to prove the present ability to pay
Enforcement Cases and SSI
