SSA and Child Support Ramsey County Perspective Kathleen

SSA and Child Support Ramsey County Perspective Kathleen Finnegan Lamey, Esq. Assistant Ramsey County Attorney, Minnesota ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

Ramsey County & Minnesota E R I C S A v. Minnesota and Ramsey demographics v. Ramsey County demographics v. Minnesota IV-D caseload v. Ramsey County IV-D caseload ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S Federal Parent Locator Service FPLS A v Ramsey County uses FPLS most frequently at locate stage: Case Opening Process § § Automatic search initially when case is in “locate” status If no address for parties, and If no employer known for parties Approximately 5% of Ramsey caseload is in “locate” at any given time Manual Search as Follow-up § Requires request e-mail be sent § Wait for response § Only one request every 90 days Includes Useful Information § § Prisoners Reporting SSI and RSDI Fraudulently Death Benefits Reported Veterans Benefits Other Databases ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S Definitions SSI and RSDI A v SSI – Social Security Supplemental Security Income Minn. Stat. Sec. 518 A. 26, subd. 19 § Pays monthly cash, based on financial need Adults or children who are blind or disabled Adults 65 yrs. or older w/o disabilities who meet financial limits § Not considered income § No imputed income v RDSI - Retirement, Survivors, or Disability Insurance Benefits Minn. Stat. 518 A. 26, Subd. 19 § Can be considered as income § Pays monthly benefits to parent for that parent’s own benefit or for joint child § Does not include SSI benefits paid to parent for that parent’s own benefit or to the parent due to the disability of the child. ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S More FLPS Uses: A v Case Closure Federal Law - 45 CFR 303. 11 MN Case Closing Law Change (cite) Ramsey County Practice (To Be Improved/New Law) § If SSI or RDSI is known, received, or encouraged to apply § If $50. 00 Order entered, verify and modify if appropriate § Close if $0. 00 Order and 100% offset v Check Every 6 Months New Information/SSA Applications Can Case Be Closed? v Modification Can case be modified with new information Review for what serves the parties best – Best Order philosophy ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Ramsey County Income Shares Model for Support v 2007 MN Guidelines Change How it changed from prior years to income share model Best order philosophy – more counties in MN moving toward this model ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Sample Worksheet v http: //childsupportcalculator. dhs. state. mn. us/documents/Child. Support. Guidelines. W orksheet. pdf ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Ramsey County Income Shares Model for Support v. Minn. Stat. § 518 A. 34 (Computation) v. Minn. Stat. § 518 A. 29 (Gross Income) ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Calculating Child Support Using RSDI Benefits v Guidelines when Obligor is the recipient of RSDI Guidelines – how we heard RDSI – income, do we impute? ? ? MN Case Law § Green v. Green, Minn. App. C 0 -86 -1209 (March 17, 1987) Disability payments paid to children do not constitute support payments, but receipts are consideration in measuring children's need for support; SSD benefits pd to father are income to be considered in measuring his ability to pay. v Finding of Disability/Respect Decision Independent agency has determined eligibility Ramsey County will not challenge that determination v Needs Based Benefits ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Calculating Child Support Using RSDI Benefits v Guidelines when NCP receives RDSI $0. 00 Order § Monitor/Inactive Status § Unless more than $1, 256. 00 Benefit Can Still Work on RSDI and Earn Additional Income § Impute additional income to RDSI recipient § Ramsey County policy(TC) ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S Child Derivative Benefits A v Minn. Stat. § 518 A. 31 Highlights RDSI is included as income of parent who is eligible v Educational Assistance is included as Income of eligible parent and subtracted from eligible parent’s support amount v Holmberg Disability payments paid on behalf of a child of whom he had a duty to support should be credited against his support obligation. The obligor should be given a credit against his prospective support obligation and arrearages for benefits paid on behalf of the child. ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S A Credit Towards Current Obligation ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S Modifying Order Based on SSI A v Process We receive SSA information from § § § Parties family attorney or social security attorney At time of a modification Takes an affirmative step to locate Can use FPLS to get more information by looking up parties or child v County of Grant v. Koser, Minn. App. A 11 -746 (Jan. 9, 2012) Trial court properly excluded from father child support obligation of $ 432. 00 monthly RSDI benefit that mom received on behalf of children based on father’s eligibility, in determining that presumption change of circum. Applied in re-calculating father child support obligation, as modification provision of child support statute did not limit trial court to applying only statute child support guideline in calculating new obligation, but rather contemplate application of entire statute calculation including all adjustments made to guidelines; “basic support” amount ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S Arrearages and SSI A v Lump Sum Paid to mom on behalf of children base on father’s eligibility was applicable as credit toward fathers net child support obligation; plain language governs SS payments; distinction based upon manner in which benefits received and contemplated subtractions of lump sum from net obligation. v Benefits Paid Directly to Child& Arrears Owed to the State ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S Retroactive Modification A v Not allowed Hicks v. Hicks, 533 NW 2 d 885 § Cannot retroactively modify child support obligations v Lump Sum Situations Death benefits Survivor benefits v Ramsey County Paternity Case Example(s) ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina

E R I C S Contact Details A Kathleen Finnegan Lamey, Esq. Assistant Ramsey County Attorney Child Support Enforcement Division 121 Seventh Street East, Suite 4500 St. Paul, MN 55101 Phone (651) 266 -3036 Fax (651) 266 -3365 kathleen. lamey@co. ramsey. mn. us Assisted By: Carrie C. Briggs, Paralegal Assistant Ramsey County Attorney Child Support Enforcement Division 121 Seventh Street East, Suite 4500 St. Paul, MN 55101 Phone (651) 266 -3022 Fax (651) 266 -3365 carrie. briggs@co. ramsey. mn. us Assisted By: Thomas Frenette, Law Clerk Assistant Ramsey County Attorney Child Support Enforcement Division 121 Seventh Street East, Suite 4500 St. Paul, MN 55101 Phone (651) 266 -3356 Fax (651) 266 -3365 thomas. j. frenette@co. ramsey. mn. us ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina