Social Security Derivative Benefits

DCSS-POL-05-9 v.2

 

  1. OVERVIEW

The purpose of this policy is to provide staff and members of the public a working knowledge of how derivative benefits received by a child are credited to the support obligation.

Derivative benefits include Social Security Disability and Social Security Retirement payments.

  1. APPLICABILITY

This policy applies to all Arizona IV-D program staff performing Title IV-D services.

  1. POLICY

DCSS shall credit the noncustodial parent’s (NCP) child support obligation when derivative payments are sent directly from the Social Security Administration (SSA) to the custodial parent (CP) for the support of the child.

  1. CRITERIA
  1. If the amount of the benefit received for the child for any given month is equal to the monthly child support obligation, the NCP is credited for the full payment.
  2. If the amount of the benefit received for the child in any given month is greater than the monthly child support obligation, the NCP is credited for the monthly amount only.  The excess is not treated as an arrearage payment or credited to future payments.
  3. If the amount received for the child in any given month is less than the monthly child support obligation, the NCP is credited for the amount of the benefit and owes the difference. 
  4. When a lump sum benefit covers previous months, credit is given for the months covered by the payment in an amount not to exceed the monthly obligation.
  1. PROCEDURE

This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions.

 

Staff may access the procedures here

  1. AUTHORITY
Federal Authority

45 C.F.R. § 302.56

Guidelines for Setting Child Support Awards

42 U.S.C. § 651

Authorization of Appropriations
State Authority
A.R.S. § 25-320

Child Support; factors; methods of payment; additional enforcement provisions; definitions
Arizona Child Support Guidelines 2022

Arizona Child Support Guidelines 2022

Return to beginning of the Social Security Dirivative Benefits Policy

Policy Revision Date: 2/7/2023
Policy Review Date: 1/25/2023

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