In calculating child support, Utah courts look at the parties’ gross monthly incomes. The definition of income for child support purposes is fairly broad. See Utah Code Section 78B-12-203 (1).
However, certain benefits including Social Security Disability benefits and Supplemental Security Income (SSI) benefits are excluded from gross income for purposes of calculating child support. Utah Code Section 78B-12-203 (3)(b).
The reason for this seems to be that the Social Security Administration will pay auxiliary benefits to the custodial parent of the minor children based on the disabled person’s work record. These auxiliary benefits are in the nature of child support so there is typically no need for a separate child support order as long as the person who is required to pay the child support remains disabled.
If the person receiving child support is disabled, typically there would be a child support order but the disabled person’s Social Security and/or SSI benefits would not be included as income in the child support calculation.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.