Tulsa Attorney BlogHow Do Social Security Disability (Title II) Benefits Affect Child Support in Oklahoma?

Social Security Retirement Benefits Will Go Towards Your Child Support

Video Transcribed: How do Social Security benefits affect child support in Oklahoma? I’m Oklahoma Lawyer James Wirth, doing a series of videos related to Oklahoma child support and the child support in Oklahoma.

We’ve talked about gross income, what’s included and not included because that’s the main factor that determines the amount of someone’s child support. But now we’re going to talk about Social Security benefits and how they factor in.

So there are multiple types of Social Security benefits. We’re going to discuss three. So first off, Social Security retirement benefits. So if you are retired, but are responsible legally for a child and you’re receiving retirement benefits, how does that factor in?

Well, the amount you receive in Social Security retirement benefits goes towards your gross income. That is passive income. The Oklahoma child support guidelines include part of that. So that’s the first stage that does go towards your income and determines the amount of child support.

The second type we’re going to talk about is Social Security disability benefits, specifically Title II benefits. And those are benefits where you have paid into the Social Security system, you’ve worked the eligible number of quarters in order to be entitled to Social Security benefits, but before you’re retired, become disabled to get disability benefits.

criminal attorney in tulsaSo if those disability benefits are paid to you, then that counts towards your gross income for determining child support. If when you’re disabled, your child may get a benefit as well through Title II Social Security benefits.

So if that amount is paid directly to the child, then that factors in two ways. One, it is included in your gross income. So you add it on to gross income, but then you get credit for that amount towards your child support obligation.

So if your obligation is $500, the benefit the child receives directly is $500, then essentially, you have an obligation that is 100% covered by the Social Security disability benefits. You don’t have to pay beyond that.

Now, if the obligation’s 750, and Social Security are only paying the child 500, you’re responsible for that difference, the $250 difference on a monthly basis for that. If it’s reversed, where the benefit is 750, the obligation is only 500 where there are 250 leftovers the child’s getting, what happens to that?

That is the child’s benefit that goes to the child. It cannot count towards back child support or be a credit towards future child support. Your obligation is covered by the first 500 and the 250 additional per month doesn’t affect anything. You don’t get credit for that.

And then the third one that we’re talking about. Now, if you’re paying into the system, you have Social Security benefits just by paying in, but you’re not receiving any benefits, you’re not retired, you’re not disabled, but you have a child that is eligible for disability benefits based on the child’s disability, that amount doesn’t count towards your gross income for child support purposes. And that amount does not go towards your obligation. That’s just the child’s amount to cover some of the expenses that may be related to the child’s disability.

So that covers the three types of Social Security retirement. Goes towards your gross income. Does not offset your child support obligation. Title II benefits for your disability go towards your gross income but do offset your child support obligation.

And Title II benefits that the child receives for the child’s disability do not go towards your gross income, do not offset your child support obligation. There are lots of interesting things related to child support in Oklahoma. If you’ve got questions about something specific to your circumstances, don’t just take this general information. You’re going to want to talk to an attorney privately, confidentially about that. To get that scheduled, go online to makelaweasy.com.

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