A father can’t reduce the amount of child support he owes for his disabled adult son by the amount of Supplemental Security Income benefits the son receives, the New Hampshire Supreme Court recently ruled.
The father was required to pay $750 a month to help support his son. He argued that he was entitled to a dollar-for-dollar credit for the $450 a month in SSI benefits that his son received from the government.
But the court ruled that he wasn’t entitled to a reduction.
According to the court, SSI benefits are not the same as Social Security Disability Income (SSDI) benefits that are paid to dependent children of disabled workers.
Unlike SSDI benefits, the son’s SSI benefits have no connection with the father’s earning history. Therefore, the son’s benefits replace his own lost income, rather than substituting for any lost income on the part of the father.