Transcript Kathleen Finnegan Lamey, Esq. Assistant Ramsey County Attorney

SSA and Child
Support
Ramsey County Perspective
Kathleen Finnegan Lamey, Esq.
Assistant Ramsey County Attorney, Minnesota
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Ramsey County & Minnesota
Ramsey County & Minnesota
Minnesota and Ramsey
demographics
Ramsey County demographics
Minnesota IV-D caseload
Ramsey County IV-D caseload
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Federal Parent Locator Service
FPLS
 Ramsey County uses FPLS most frequently at locate stage:
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Case Opening Process
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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
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Includes Useful Information
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Prisoners Reporting SSI and RSDI Fraudulently
Death Benefits Reported
Veterans Benefits
Other Databases
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Definitions SSI and RSDI
 SSI – Social Security Supplemental Security Income
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Minn. Stat. Sec. 518A.26, subd. 19
 Pays monthly cash, based on financial need
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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
 RDSI - Retirement, Survivors, or Disability Insurance Benefits
 Minn. Stat. 518A.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 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
More FLPS Uses:
 Case Closure
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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
 Check Every 6 Months
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New Information/SSA Applications
Can Case Be Closed?
 Modification
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Can case be modified with new information
Review for what serves the parties best – Best Order philosophy
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Ramsey County Income Shares Model
for Support
 2007 MN Guidelines Change
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How it changed from prior years to income share model
Best order philosophy – more counties in MN moving toward this model
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Sample Worksheet
 http://childsupportcalculator.dhs.state.mn.us/documents/ChildSupportGuidelinesW
orksheet.pdf
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Ramsey County Income Shares Model
for Support
Minn. Stat. §518A.34 (Computation)
Minn. Stat. §518A.29 (Gross Income)
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Calculating Child Support Using RSDI Benefits
 Guidelines when Obligor is the recipient of RSDI
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Guidelines – how we heard RDSI – income, do we impute???
MN Case Law
 Green v. Green, Minn. App. C0-86-1209 (March 17, 1987)
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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.
 Finding of Disability/Respect Decision
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Independent agency has determined eligibility
Ramsey County will not challenge that determination
 Needs Based Benefits
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Calculating Child Support Using RSDI Benefits
 Guidelines when NCP receives RDSI
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$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 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Child Derivative Benefits
 Minn. Stat. §518A.31
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Highlights
RDSI is included as income of parent who is eligible
 Educational Assistance is included as Income of eligible
parent and subtracted from eligible parent’s support amount
 Holmberg
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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 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Credit Towards Current Obligation
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Modifying Order Based on SSI
 Process
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We receive SSA information from
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Parties
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
 County of Grant v. Koser, Minn. App. A11-746 (Jan.9,2012)
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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 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Arrearages and SSI
 Lump Sum
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Paid to mom on behalf of children 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.
 Benefits Paid Directly to Child& Arrears Owed to the State
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Retroactive Modification
 Not allowed
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Hicks v. Hicks, 533 NW 2d 885
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Cannot retroactively modify child support obligations
 Lump Sum Situations
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Death benefits
Survivor benefits
 Ramsey County Paternity Case Example(s)
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina
Contact Details
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
[email protected]
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
[email protected]
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
[email protected]
ERICSA 51st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina