Child Support: Social Security Benefits are Not Included in Income for Child Support Calculation

Wolfe v. Wolfe, 2009 UT App. 186 (Utah Court of Appeals Memorandum Decision July 9, 2009)

Trial court included Father's Social Security Benefits in the Child Support Calculation. The Office of Recovery Services appealed. The Court of Appeals Reversed and Remanded the case with instructions to recalculate the child support without the social security benefits.

Court Noted that U.C.A. § 78B-12-203(3)(b) also excludes Medicaid, Food Stamps, Housing Subsidies, Benefits from the Job training Partnership Act, Supplemental Security Income, Social Security Disability Insurance and General (government assistance).

Full Decision available at http://www.utcourts.gov/opinions/mds/wolfe070909.pdf