ENFORCEMENT
OF SUPPORT OBLIGATION
01/88 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 11/04/25
Statutory
Authority
“(8)(a) The court or
administrative agency shall credit, as child support, the amount of social
security benefits received by a child due to the earnings of the parent on
whose earning record the social security benefits are based by crediting the
amount against the potential obligation of that parent.
(b) The court or administrative
agency may consider other unearned income of a child as income of a parent
depending upon the circumstances of each case.”
Definitions
1.
Means-tested
income – Government programs that require the recipient to meet certain
income levels to qualify for the benefit. Means-tested programs include, but
are not limited to:
1.
IV-A services;
2.
Supplemental Security Income (SSI);
3.
Medicaid;
4.
Food Stamps;
5.
General Assistance;
6.
Benefits received under a housing subsidy; and,
7.
The Job Training Partnership Act.
2.
Social Security Retirement (SSR) – Paid to individuals who are at
least 62 years old and have worked enough hours to earn social security credits
needed to qualify for retirement benefits under Title II. Members of the
qualified individual's family may be eligible for retirement benefits and
survivors' benefits.
3.
Social Security Disability
Insurance (SSDI) – Paid to
individuals who have a physical or mental impairment that is expected to
prevent them from doing “substantial” work for a year or more, or who have a
condition that is expected to result in death, and who have worked enough hours
to earn the social security credits needed to qualify for SSDI under Title II. Substantial
work is generally considered earnings of $500.00 or more per month. SSDI is not
a means-tested program.
4.
The Department of Veterans
Affairs (VA) Benefits –
a.
VA pension benefits: VA pension benefits are
considered “gratuities of Congress” and are
considered means-tested. A person receiving a VA
pension benefit has been deemed unable to work. The amount of the pension is
slightly above the poverty level and if the recipient earns over $800.00 in
income, he/she is no longer eligible to receive the pension. The VA pension is
considered separate from the VA retirement.
b.
VA retirement income: VA retirement income is not considered means-tested.
c.
VA disability benefits: VA disability benefits are based
upon the respondent’s actual disability and are not considered means-tested. A VA
disability benefit is paid when a person is disabled, and the amount paid is
determined by the percentage of the person’s disability. The VA disability
benefit is paid to a recipient no matter how much extra income the recipient
earns.
Procedures: Giving Child Support
Credit on an Existing Order When Child Receives Benefits Based on Noncustodial
Parent’s Social Security or Disability Benefits
Situations
will arise in which a child is receiving social security benefits based on the
NCP's Social Security Retirement (SSR) or Social Security Disability Insurance
(SSDI) claim. There are no specific alerts related to the child receiving
Social Security benefits based on the NCP’s social security benefits. The
SSR/SSDI benefit check is usually forwarded to the child's custodial parent
(CP). However, on Children in Care (CIC) cases, the State [i.e., Juvenile
Justice and Youth Services (JJYS), Office of Recovery Services (ORS), Division
of Child and Family Services (DCFS), etc.] will apply to become the payee of
the benefits while a child is in care.
NOTE 1: As of July 1, 2013, JJYS became the payee
of benefits paid while a child is in their care. JJYS will send a monthly
report to a designated ORS/CIC person [the Regional Director (RD) and Associate
Regional Director (ARD)] that consists of a list of all social security cases
and their case status. The RD/ARD will file the report. CIC case workers are
responsible to review this report monthly and apply any credits to the
appropriate case(s).
When a
child is placed in a foster care placement with DCFS, it is the responsibility
of DCFS to apply to become payee of the child’s benefit. DCFS provides a report in SAFE
[DCFS’s statewide automated child welfare information system (SACWIS)] that can
be accessed by CIC workers to determine if a credit should be given.
NOTE 2: Do
not give the NCP credit for SSI benefits that are received by the child based
upon the child’s disability. See CS
512P Child Receiving SSI for additional information.
NOTE 3: When
a child receives SSR benefits based on a parent’s death, do not give the living
parent credit against his/her current support obligation for the SSR benefit
paid each month, since the child receives the SSR benefits based on the death
of the OTHER parent.
NOTE 4: A
worker may contact a local SSA field office (based upon the NCP’s zip code) to
determine the type of benefits the NCP is receiving. Refer to CS 734P-2 Notice
to Withhold, Social Security Benefits.
If the NCP’s
child support order specifies that the monthly SSR/SSDI benefits paid for the
child meet the NCP’s monthly child support obligation for that child, ORS will
consider the NCP’s monthly obligation fulfilled as long as
benefits are being paid. There is no obligation to enforce, so take one of the
following steps:
1.
Child Support Services (CSS)
cases: Close the
case.
2.
Children in Care (CIC) cases: Monitor these cases as long as the child remains in state custody.
If the child
support order does not address
social security benefits and the child is receiving benefits based on the NCP’s
SSR or SSDI claim, CSS will give credit towards the NCP’s current support
obligation for the child’s portion of the benefit paid each month. Credit is
calculated as follows:
1.
If the
monthly social security benefits paid on behalf of the child are for more than the current support
obligation, give credit only for the
monthly amount of the current support obligation.
EXAMPLE: The NCP is
ordered to pay child support of $200.00 per month. The child is receiving an
SSDI benefit of $300.00 per month based on the NCP’s
disability. Credit $200.00 of the monthly benefit toward the monthly child
support obligation by zeroing out the current support debt on ORSIS.
2.
If the
benefits are less than the ordered
support, give credit up to the monthly benefit amount and charge on ORSIS the
difference between the monthly child support amount and the benefit amount. If
the NCP has an attachable source of income, collect the difference through
income withholding or other means. If the NCP has no source of income, the
unpaid difference accrues as an arrears balance.
EXAMPLE: The NCP is
ordered to pay child support of $200.00 per month. The child is receiving an
SSDI benefit of $150.00 per month based on the NCP’s disability. Charge the
difference of $50.00 per month and change the current support debt to $50.00 on
ORSIS. If the NCP does not pay the $50.00 difference each month, it accrues as
an arrears balance.
3.
If the child
is receiving IV-A cash assistance, IV-A policy indicates the parent/recipient
must receive the benefit check, and the grant will be reduced accordingly. Therefore,
do not instruct the CP to turn the benefit checks over to CSS to meet the NCP’s
child support obligation.
4.
If both
parents are disabled and receiving benefits, give credit to the parent whose
earnings the child’s benefit is based on. Although a child may be entitled to
social security benefits from both parents (“dual entitlement”), the benefit actually received by the child is always based on the
earnings of one parent.
EXAMPLE: The father’s
monthly child support obligation is $20.00 and the mother’s child support
obligation is $20.00. The child (a child in state custody or with a specified
relative) is receiving an SSDI benefit of $110.00 per month based on the
mother’s disability. “Credit” the monthly benefit towards the mother’s monthly
child support obligation leaving a $0.00 obligation for her. The father’s
monthly obligation remains $20.00.
5.
If the child
receives a lump-sum payment for
retroactive SSR or SSDI benefits, the credit given depends on whether the
case is a CSS case or a CIC case, and on who actually receives the benefit
payment (the payee).
a.
CSS case, CP is the payee: Apply the payment equally to the
months for which the benefits were paid up to the monthly ordered child support
amount. If the lump-sum payment exceeds the totaled monthly child support
amount for each month within the retroactive period, the remaining credit may
be applied to the NCP's arrears balance owing to the CP.
Case Facts: The NCP is ordered to pay child
support of $200.00 per month. The child is receiving an SSDI benefit based on
the NCP’s disability. The NCP has not made current support payments on the case
for the retroactive SSDI benefit period.
EXAMPLE 1: The CP
received a retroactive check for $1200.00 in November for the months of January
through June. Credit $200.00 per month for the months of January through June.
EXAMPLE 2: The CP
received a retroactive check for $600.00 in November for the months of January
through June. Credit $100.00 per month for the months of January through June.
EXAMPLE 3: The CP
received a retroactive check for $2000.00 in November for the months of January
through June. Credit the ordered amount of $200.00 per month for January
through June. Credit the remaining $800.00 to the NCP’s arrears owed to the CP
even though they accrued outside of the benefit period.
b.
CIC case, the other parent (not
the SSR/SSDI recipient) is the payee: Apply the payment equally to the months for which the benefits
were paid up to the monthly ordered child support amount. (See #5a above.) Do
not attempt to collect the retained social security from the payee.
EXAMPLE: The father is ordered to pay child support of $200.00 per month. The child is receiving an SSR benefit
of $300.00 per month based on the father’s disability. The mother receives a retroactive check for the child’s portion of the
benefits for $1200.00 in November for the months of January through June. The
child has been in juvenile justice custody since January. Apply the credit
toward the father’s arrears debt for
January through June. Do not collect the retained social security from the
mother.
c.
CIC case, the NCP (who is also
the SSR/SSDI recipient) is the payee: Do not give credit for the months covered by the retroactive
benefits. The child’s social security benefit should have gone to the state and
the NCP still owes the state for those months.
EXAMPLE: The father is ordered to pay child support of $200.00 per month. The child is receiving an SSR benefit
of $300.00 per month based on the father’s disability. The father receives a retroactive check for the child’s portion of the
benefits for $1200.00 in November for the months of January through June. The
child has been in juvenile justice custody since January. Do not give credit
against the father’s arrears because the child was in care during the months
the retroactive benefit applied, and technically, ORS/CIC should have been the
recipient of the $1200.00.
CIC
Procedures: State as the Payee While Child in Care
If the child is in state custody, a state
agency must apply to be the payee of any social security benefits owed to the
child. The procedures for collecting and giving credit for those benefits differs based on the agency that has custody of the child. DCFS is the designated agency to apply for
and become the payee of social security benefits for children in their custody,
and as of July 1, 2013, JJYS is the designated agency to apply for and become
the payee of social security benefits for children in their custody.
NOTE: The ongoing child support amount
due is adjusted to credit the benefit amount received by DCFS. This credit is
only given to the parent whose child the social security benefit is based upon.
If the State has not become payee of the
child’s benefit and the parent whose
earnings the child’s benefit is based on is receiving the child’s benefit,
do not give credit as child support payments received until the State (either
JJYS or DCFS) is the payee of the child’s benefit.
EXAMPLE: The mother is ordered to pay child support in the amount of $150.00 per
month. The child is receiving SSR benefits based on the mother’s earnings in
the amount of $75.00 per month. The child went into JJYS custody on August 1,
but JJYS did not become payee of the child’s benefits until November 1. The mother received the child’s benefit for
August, September, and October. The mother
would not receive the social security credit until November 1, and she would be
charged the full $150.00 per month for August through October.
If the other parent (not the SSR/SSDI recipient) is the payee of the
child’s benefit before JJYS or DCFS becomes the payee, give the credit. Do not
collect retained social security from the other parent.
EXAMPLE:
The mother is ordered to pay child
support in the amount of $150.00 per month. The child is receiving SSR benefits
based on the other’s earnings in the amount of $75.00 per month. The child went
to JJYS custody on August 1, but JJYS did not become payee of the child’s
benefits until November 1. The father
received the child’s benefit for August, September, and October. The mother would receive the social
security credit effective August.
Once the CIC agent has made all of the
necessary adjustments to the ongoing support debt to credit the social security
benefits and completed any appropriate enforcement actions if a debt remains
due for current support, create a SELF alert in ORSIS to review the case every
January to see if the social security benefit amount has changed and make any
necessary adjustments to the ORSIS case.
CIC: Refunding
Retained SSR
ORS/CIC no
longer collects retained SSR benefits. If a collection agent reviews a case and
the existing administrative order includes retained SSR benefits, refund the
money that has applied to the retained SSR debt(s) if the arrears and current
support have been paid in full. Send the “Social Security Not Collected” letter
to notify both Social Security and the obligor of the refund. If the
respondent(s) has not paid money towards the retained SSR, adjust the debt(s)
appropriately to exclude the retained SSR.
Child Receiving Benefits Based on
NCP’s Veterans Affairs Benefits
The NCP’s child(ren) may be entitled to VA
benefits based on the NCP’s military disability or pension. The VA refers to
these benefits as “apportionments.” The CP or guardian (e.g., specified
relative) of the child(ren) must apply for the child(ren)’s apportionments. However,
the NCP is still obligated to pay child support as ordered. See CS 734P-3
Notice to Withhold, Veterans Benefits for additional information. If the order
declares the child(ren)’s VA benefits are in lieu of child support or counts
toward child support, give the NCP the appropriate credit.