Child Support Income Clarification

Summary

Child support arrearage payments for an adult child are typically considered income for the child, not the parent. However, public housing may count these payments as the parents income, affecting rent calculations. This can create discrepancies with SSI benefits, which may reduce based on unearned income. In Saint Paul, MN, you can challenge public housings income calculation by requesting a review and providing documentation. Legal aid services like Southern Minnesota Regional Legal Services can assist in addressing these issues and potentially securing a refund for overpaid rent.

Full Conversation

Cera
Hi Cera! How can I help you today? Could you tell me more about your legal issue?
how should child support arrearage payments received on behalf of an adult child not living with them be treated as income? Or in other words, are these payments considered income to the parent or income to the adult child?
Cera, child support arrearages typically belong to the person who was supposed to receive the support. If the payments are for an adult child, they should be considered income to the adult child, not the parent.
Are you looking for more detailed information or assistance with managing these payments?
Well I receive SSI benefits. According to SSI policy, any portion of these payments that I forward to my adult child is income to my adult child. I also live in public housing. Public housing calculates the income as mine even though I do not keep any of it
Cera, it sounds like you have a complex situation involving both SSI and public housing policies. Could you please specify your location (state or city)? This will help me provide more accurate information regarding local regulations and legal assistance options.
Saint Paul, MN
Cera, based on your location in Saint Paul, MN, here are some general guidelines:
- SSI Policy: If you forward child support arrearage payments to your adult child, they are considered income to the child.
- Public Housing Policy: Unfortunately, public housing authorities may count these payments as your income.
Given the complexities, you might benefit from consulting a local legal aid service to address your specific situation and potentially challenge the public housing policy interpretation.
Would you like contact details for local legal aid services?
Ok what about public housing calculating my income as if I receive a full SSI benefit monthly and in addition, these child support payments? How can public housing calculate both when any unearned income would reduce my SSI benefit?
Cera, public housing authorities often have different rules for income calculation compared to SSI. Generally, public housing considers all income sources, even if they affect your SSI benefits. However, you may have grounds to challenge this interpretation.
Would you like contact details for local legal aid services to assist you further?
Yes please thank you

Southern Minnesota Regional Legal Services (SMRLS)


Phone: (*) *-*
Address: * East 5th St, Suite *, Saint Paul, MN *
Website: www.smrls.org

Would you like more information on challenging the public housing policy or any other assistance?
Yes please
Cera, here's some information on challenging the public housing policy:
- Request a Review: You can request a review of your income calculation from the public housing authority.
- Provide Documentation: Gather documentation showing how the child support payments impact your SSI benefits.
- Legal Aid: Consider contacting Southern Minnesota Regional Legal Services (SMRLS) for assistance.
Would you like more detailed steps on requesting a review or any other specific information?
If after the review it is determined that public housing miscalculated my income, will I receive a refund for the amount of rent I was overcharged?
If it's determined that public housing miscalculated your income, you may be entitled to a refund for the overpaid rent. Public housing authorities often correct such errors and provide refunds for overcharges.
Would you like more detailed steps on how to request a review or any other assistance?
Yes please thank you
To request a review and potentially receive a refund for overpaid rent, follow these steps:
- Submit a Written Request: Write a letter to your public housing authority requesting a review of your income calculation.
- Include Documentation: Attach any relevant documents showing the impact of child support payments on your SSI benefits.
- Consult Legal Aid: Reach out to Southern Minnesota Regional Legal Services (SMRLS) for assistance.
Would you like help drafting the request letter or any other specific information?
How should I present my situation to legal aid?
When presenting your situation to legal aid, include the following key points:
- Current Benefits: Mention you receive SSI benefits.
- Child Support Payments: Explain these are forwarded to your adult child.
- Public Housing: Highlight that public housing counts these payments as your income, affecting your rent.
- Income Calculation Discrepancy: Emphasize the conflict between SSI and public housing income calculations.
- Documentation: Provide supporting documents showing the impact on SSI benefits.
Would you like assistance in drafting this presentation?
Yes please
Here's a draft for presenting your situation to legal aid:
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Subject: Assistance Required for Income Calculation Discrepancy
Dear [Legal Aid Service],
I am seeking assistance with an issue related to the calculation of my income for public housing purposes. Here are the key points of my situation:
- Current Benefits: I receive SSI benefits.
- Child Support Payments: I forward child support arrearage payments to my adult child.
- Public Housing: The public housing authority counts these payments as my income, impacting my rent.
- Income Calculation Discrepancy: There's a conflict between SSI and public housing income calculations affecting my financial situation.
- Documentation: I have documents showing how child support payments impact my SSI benefits.
I would appreciate your guidance on how to address this issue and potentially request a review of my income calculation by the public housing authority.
Thank you for your assistance.
Sincerely,
Cera
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Would you like help with anything else?
No, you've been very helpful thank you so much
You're welcome, Cera! If you need any further assistance in the future, feel free to reach out. Good luck with your case!