Litigation

Supplemental Security Income and Social Security Disability Income for Child Support

Where the non-custodial parent's income is derived from supplemental security income and social security disability, the portion of the income from supplemental security cannot be considered when making a child support award, although the portion from social security disability income may be considered. Metz v. Metz, No. 41448, Supreme Court of Nevada, Dec. 9, 2004.

The father had physical custody of the subject child. Pursuant to an agreement, the mother agreed to pay $100 per month in child support. Thereafter, the father filed a motion because, inter alia, the mother failed to pay child support. The mother argued that the court was prohibited from ordering her to pay child support because her only sources of income were from supplemental security and Social Security disability income. The court held that it could not order child support from the mother's supplemental security income because that portion of her income was from a federal social welfare program designed to help people who were disabled. However, the court could award child support from the portion of the mother's income derived from her social security disability income because that money represented lost income from payroll deductions from her former employment.

Custody and Child Support

A hearing may be ordered on remand where a trial court transfers temporary custody without notice, a hearing or an opportunity to be heard and where the trial court deviates from the child support guidelines without a specific finding with its reasons for deviation. Burdick v. Brooks, No. 0081, September Term 2004, Court of Special Appeals of Maryland, Dec. 30, 2004.

Temporary custody of three of the parties' four children was transferred to the husband from the wife after a status conference, and the child support payment to the wife was lowered from $800 to $200 per month without applying the Maryland child support guidelines. The wife appealed, and the appellate court remanded for a new hearing. It held that the transfer of custody to the husband was a violation of due process because it occurred without notice, a hearing or an opportunity to be heard. Furthermore, a modification of child support without applying the proper child support guidelines was improper. It noted that if it was the lower court's intent to depart from the guidelines, it had an obligation to make a specific finding with its reasons for departing.

Supplemental Security Income and Social Security Disability Income for Child Support

Where the non-custodial parent's income is derived from supplemental security income and social security disability, the portion of the income from supplemental security cannot be considered when making a child support award, although the portion from social security disability income may be considered. Metz v. Metz, No. 41448, Supreme Court of Nevada, Dec. 9, 2004.

The father had physical custody of the subject child. Pursuant to an agreement, the mother agreed to pay $100 per month in child support. Thereafter, the father filed a motion because, inter alia, the mother failed to pay child support. The mother argued that the court was prohibited from ordering her to pay child support because her only sources of income were from supplemental security and Social Security disability income. The court held that it could not order child support from the mother's supplemental security income because that portion of her income was from a federal social welfare program designed to help people who were disabled. However, the court could award child support from the portion of the mother's income derived from her social security disability income because that money represented lost income from payroll deductions from her former employment.

Custody and Child Support

A hearing may be ordered on remand where a trial court transfers temporary custody without notice, a hearing or an opportunity to be heard and where the trial court deviates from the child support guidelines without a specific finding with its reasons for deviation. Burdick v. Brooks, No. 0081, September Term 2004, Court of Special Appeals of Maryland, Dec. 30, 2004.

Temporary custody of three of the parties' four children was transferred to the husband from the wife after a status conference, and the child support payment to the wife was lowered from $800 to $200 per month without applying the Maryland child support guidelines. The wife appealed, and the appellate court remanded for a new hearing. It held that the transfer of custody to the husband was a violation of due process because it occurred without notice, a hearing or an opportunity to be heard. Furthermore, a modification of child support without applying the proper child support guidelines was improper. It noted that if it was the lower court's intent to depart from the guidelines, it had an obligation to make a specific finding with its reasons for departing.