SSA and Child Support Ramsey County Perspective

1. SSA and Child SupportRamsey County Perspective Kathleen Finnegan Lamey, Esq. Assistant Ramsey County Attorney, Minnesota

2. Ramsey County & Minnesota Ramsey County & Minnesota • Minnesota and Ramseydemographics • Ramsey County demographics • Minnesota IV-D caseload • Ramsey County IV-D caseload

3. Federal Parent Locator ServiceFPLS • Ramsey County uses FPLS most frequently at locate stage: • Case Opening Process • Automatic search initially when case is in “locate” status • If no address for parties, and • If no employer known for parties • Approximately 5% of Ramsey caseload is in “locate” at any given time • Manual Search as Follow-up • Requires request e-mail be sent • Wait for response • Only one request every 90 days • Includes Useful Information • Prisoners Reporting SSI and RSDI Fraudulently • Death Benefits Reported • Veterans Benefits • Other Databases

4. Definitions SSI and RSDI • SSI – Social Security Supplemental Security Income • Minn. Stat. Sec. 518A.26, subd. 19 • Pays monthly cash, based on financial need • Adults or children who are blind or disabled • Adults 65 yrs. or older w/o disabilities who meet financial limits • Not considered income • No imputed income • RDSI - Retirement, Survivors, or Disability Insurance Benefits • Minn. Stat. 518A.26, Subd. 19 • Can be considered as income • Pays monthly benefits to parent for that parent’s own benefit or for joint child • Does not include SSI benefits paid to parent for that parent’s own benefit or to the parent due to the disability of the child.

5. More FLPS Uses: • Case Closure • Federal Law - 45 CFR 303.11 • MN Case Closing Law Change (cite) • Ramsey County Practice (To Be Improved/New Law) • If SSI or RDSI is known, received, or encouraged to apply • If $50.00 Order entered, verify and modify if appropriate • Close if $0.00 Order and 100% offset • Check Every 6 Months • New Information/SSA Applications • Can Case Be Closed? • Modification • Can case be modified with new information • Review for what serves the parties best – Best Order philosophy

6. Ramsey County Income Shares Model for Support • 2007 MN Guidelines Change • How it changed from prior years to income share model • Best order philosophy – more counties in MN moving toward this model

7. Sample Worksheet • http://childsupportcalculator.dhs.state.mn.us/documents/ChildSupportGuidelinesWorksheet.pdf

8. Ramsey County Income Shares Model for Support • Minn. Stat. §518A.34 (Computation) • Minn. Stat. §518A.29 (Gross Income)

9. Calculating Child Support Using RSDI Benefits • Guidelines when Obligor is the recipient of RSDI • Guidelines – how we heard RDSI – income, do we impute??? • MN Case Law • Green v. Green, Minn. App. C0-86-1209 (March 17, 1987) • Disability payments paid to children do not constitute support payments, but receipts are consideration in measuring children's need for support; SSD benefits pd to father are income to be considered in measuring his ability to pay. • Finding of Disability/Respect Decision • Independent agency has determined eligibility • Ramsey County will not challenge that determination • Needs Based Benefits

10. Calculating Child Support Using RSDI Benefits • Guidelines when NCP receives RDSI • $0.00 Order • Monitor/Inactive Status • Unless more than $1,256.00 Benefit • Can Still Work on RSDI and Earn Additional Income • Impute additional income to RDSI recipient • Ramsey County policy(TC)

11. Child Derivative Benefits • Minn. Stat. §518A.31 • Highlights • RDSI is included as income of parent who is eligible • Educational Assistance is included as Income of eligible parent and subtracted from eligible parent’s support amount • Holmberg • Disability payments paid on behalf of a child of whom he had a duty to support should be credited against his support obligation. The obligor should be given a credit against his prospective support obligation and arrearages for benefits paid on behalf of the child.

12. Credit Towards Current Obligation

13. Modifying Order Based on SSI • Process • We receive SSA information from • Parties • Parties family attorney or social security attorney • At time of a modification • Takes an affirmative step to locate • Can use FPLS to get more information by looking up parties or child • County of Grant v. Koser, Minn. App. A11-746 (Jan.9,2012) • Trial court properly excluded from father child support obligation of $ 432.00 monthly RSDI benefit that mom received on behalf of children based on father’s eligibility, in determining that presumption change of circum. Applied in re-calculating father child support obligation, as modification provision of child support statute did not limit trial court to applying only statute child support guideline in calculating new obligation, but rather contemplate application of entire statute calculation including all adjustments made to guidelines; “basic support” amount

14. Arrearages and SSI • Lump Sum • Paid to mom on behalf of children on behalf of children base on father’s eligibility was applicable as credit toward fathers net child support obligation; plain language governs SS payments; distinction based upon manner in which benefits received and contemplated subtractions of lump sum from net obligation. • Benefits Paid Directly to Child& Arrears Owed to the State

15. Retroactive Modification • Not allowed • Hicks v. Hicks, 533 NW 2d 885 • Cannot retroactively modify child support obligations • Lump Sum Situations • Death benefits • Survivor benefits • Ramsey County Paternity Case Example(s)

16. Contact Details