ENFORCEMENT OF
SUPPORT OBLIGATION
01/88 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 10/02/24
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:
a.
IV-A services;
b.
Supplemental Security Income (SSI);
c.
Medicaid;
d.
Food Stamps;
e.
General Assistance;
f.
Benefits received under a housing subsidy; and,
g.
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 512 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 o 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.