Payer entitled to credit for support payments made during period where covered by social security disability payments paid to payee for the minor child. SSD are not gratuitous benefits, but are a substitute for the disabled parent’s earnings, funded by payment of social security taxes. Although the credit statute refers to “unpaid support”, failure to give credit to a payor who continued to make payments would deny equal protection of laws.
(1) SSI is not available for child support, but (2) seek-work order was appropriate and does not conflict with SSI program.
Social security benefits are not retirement plan to be valued and considered in divorce.
Indivisible social security benefits can be considered by divorce court in making provisions for property division or maintenance.
Social security benefits paid to child may offset disabled parent’s support duty.
Property settlement agreement which required parties to divide social security payments was unenforceable, as the divorce decrees constitute state action which was preempted by federal law. Although social security recipients can use their proceeds after receipt to satisfy obligations, they may not contract to transfer unpaid benefits.
Children’s social security benefits may be credited toward their father’s child support payments only from the date that the father filed a petition and not toward support payments that accrued before that date.
Court’s consideration that one party can anticipate greater social security benefits upon retirement in ordering division of property does not violate prohibition against awarding social security benefits.