Litigation

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.