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B. If a child receives benefits, such as social security or insurance, because
paying parent made child eligible to receive such benefits by paying into system, those amounts will be credited toward paying parent's child support obligation in manners described. Notice this is a "shall" and not a "may," meaning that court has no discretion in this child support matter.
C. As mentioned above, a parent who receives payments directly on his or her behalf must include those amounts in income totals used to calculate child support. However, exception to this provision is provided by Child Support Guidelines Section 5(B) which states, "Gross income does not include sums received as child support or benefits received from means-tested public assistance programs including, but not limited to, Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), Food Stamps and General Assistance."
In summary, Social Security and other benefits may affect child support calculations in Arizona. Consult an attorney in your jurisdiction to find out how your case will be affected.
Phoenix office: 3030 N. Central Ave., Ste. 705 Phoenix, Arizona 85012 Ph: 602-631-9555 Fx: 602-631-4004
Goodyear office: 1616 N. Litchfield Rd., Ste. 240 Goodyear, Arizona 85338 Ph: 623-344-7880 Fx: 602-631-4004
Visit our website: www.wilcoxlegal.com Check out our web log: www.arizonafamilylaw.blogspot.com
Disclaimer: Providing above information does not establish an attorney-client relationship. To create such a relationship, both attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.
Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state courts and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.
