In May 2011, the New Hampshire Supreme Court issued its opinion In the Matter of Richard Lister and Marianne Lister.
Father and mother have a disabled adult son who resides with mother. Doctors indicate that the son will always be dependent on others for care. Due to his disability, the son receives Supplemental Security Income (SSI) of about $450 per month (this amount is reduced from the maximum benefit of $674 due to child support that he receives and/or government housing payments). Pursuant to RSA 461-A:14, IV, the son, as a disabled adult, is entitled to child support.
In 2010, the mother filed for a modification of child support, and requested an increase in child support. The father, who did not dispute that his son was eligible for child support, requested a dollar for dollar credit on his child support payments, citing In the Matter of State & Taylor and In the Matter of Angley–Cook & Cook.
The trial court modified the father’s child support obligation, refusing the grant a dollar for dollar credit, and increased the amount of child support. The trial court distinguished the SSI benefits, pointing out that the son is the source of the benefits and not the father.
The father appealed the trial court’s decision, arguing that State & Taylor and Angley-Cook & Cook are controlling, and require the trial court to grant him a dollar for dollar credit, regardless of whether the benefits derive from the child or the parent.
The trial court did not err in refusing to grant a dollar for dollar deduction in child support from son’s SSI, because the SSI benefits derive from the child and not the father. The SSI payments replace some of what the son would have earned but for his disability, instead of replacing lost income of the father.
While parents may receive a credit on child support when the child receives social security benefits derived from the parent, there is no deduction for benefits based on the child’s disabilities. The Supreme Court urges the trial court to consider that increases in child support can affect the child’s eligibility for SSI, as child support is considered in calculating entitlement and need.