Social Security and Reducing Child Support in Arizona

One often-overlooked reason clients seek to reduce child support payments in Arizona is a change in Social Security benefits. As family law attorneys in Phoenix, we do see this from time to time, and we think it’s important to know how it may affect your child support payments. Here’s a brief overview:

In Arizona, Social Security benefits, whether disability or retirement benefits, are counted as income when it comes to child support. Your Social Security benefits can even be garnished if you fail to pay child support.

If your child is also receiving Social Security benefits through you, you may be able to reduce the amount of Arizona child support you pay. If you have questions about how this might affect your child support payments, meet with a Phoenix child support lawyer for the specifics. In general, though, it works like this:

• If the child’s portion of the benefits is less than you pay in child support, you will generally need to make up the difference.
• If the child’s portion of the benefits is equal to the amount you pay in child support, you will generally not need to pay any additional child support.
• If the child’s portion of the benefits exceeds how much you would normally pay in child support, your obligations are considered satisfied, but you will not receive a credit and it will not “roll over” to the next month.

If you live in Phoenix and are receiving Social Security benefits, speak with a Phoenix child support lawyer about whether you may qualify for reduced child support payments. You can reach us at 1-888-929-5292 to schedule a completely free legal consultation to discuss the specifics of your situation.