In Missouri, child support starts with the calculation of the Presumed Amount of Support using the Form 14. To calculate the Presumed Support, the starting point is the gross income of the parents. The Directions on Use for the Form 14 specifically provide that Social Security Disability (“SSD”) payments to a parent based on their disability are included in their gross income. The SSD payments received by the child based on a parent’s disability are not included in the gross income of the parent receiving the benefits for the child.
Supplemental Security payments (“SSI”) made to a parent due to their disability are not included in that parent’s gross income for the Form 14.
SSD received by a child may be considered as an offset against a parent’s obligation to pay child support, if the SSD is based on that parent’s disability. In addition, the Directions on Use to the Form 14 direct the judge to consider the resources of the child in determining whether to award the presumed amount of child support or to deviate therefrom. Deviation based on a child’s receipt of SSD benefits as a result of a parent’s disability is unlikely to happen.
If the SSD paid to the child based on the disability of the parent obligated to pay support is greater than either the existing child support amount or the presumed child support amount, the obligated parent is not entitled to a credit for the excess against past or future support or receipt of the excess.
SSI paid to the child based on the child’s disability is likewise not considered part of the gross income of the custodial parent who receives those funds on the Form 14.
As with SSD, SSI can be considered as a resource of the child in considering whether to find the Form 14 unjust and inappropriate, but this is extremely unlikely.