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Groenstein v. Groenstein1/19/2005
, it was argued that the social security benefits for the two girls should be attributed to the mother as income. We stated: "The social security benefits belonged to the two girls and, therefore, were not income for the mother. Accordingly, they cannot be included as a part of the mother's monthly net income." Id. at 1264. However, there is a significant difference between the circumstances of Wood and the instant case. Because the benefits were the result of the girls' deceased biological father, they were not attributable to the social security contributions of either parent involved in the support calculation. Certainly, in the Wood circumstances, it makes sense to not include the social security benefits as net income for the mother. Indeed, the circumstances of Wood were different enough from Hinckley that we did not even find that the district court had to consider those payments as a factor in its support calculation. We, therefore, conclude that we have not specifically addressed how dependent social security benefits should be considered in circumstances such as those presented in this case.
[ ] In determining how these dependency benefits should be treated, it is important to consider the nature of the social security payments which both Father and the child receive. The benefits paid in this case are often referred to as Social Security Disability Insurance (SSDI). People qualifying for SSDI are those who contributed to the social security program while they were working. New York v. Sullivan, 906 F.2d 910, 913 (2d Cir. 1990). SSDI benefits must not be confused with Supplemental Security Income (SSI), which is a wealth-based program providing for individuals whose income does not meet a specific amount. SSI covers those who have never contributed to the system and therefore do not qualify for SSDI. Id. In Hinckley, at 910-11 (quoting Andler v. Andler, 538 P.2d 649, 653 (Kan. 1975)), we noted the nature of disability payments:
The United States Congress has seen fit to place the federal government in the role of insurer in order to afford members of the work force the protection and security of insurance against future disability. The fundamental nature of the Social Security system is a form of insurance in every sense of that word. Benefits paid out by a governmental insurer, under a policy of insurance for which the insured has paid premiums, are no more gratuitous than benefits paid out by a private insurance company.
This justification is often given for deciding to credit the disabled parent's support obligation with the payment made to the child. Father urges us to adopt this reasoning and credit his support obligation by the amount the child receives. However, we believe Father misses an important step. Before deciding whether to credit the parent, we must begin with deciding whether to include the child's payment in Father's income.
[ ] A thorough and helpful discussion of this topic can be found in Tori R. A. Kricken, Child Support and Social Security Dependent Benefits: A Comprehensive Analysis and Proposal for Wyoming, 2 Wyo. L.Rev. 39 (2002). After an in-depth analysis including how various states deal with SSDI , Ms. Kricken suggests that "Wyoming should follow the majority lead of incorporating the benefit payments into the obligor-parent's income and, subsequently, allowing a set-off of his support obligations." Id. at 88. We believe this to be the correct approach.
[ ] The Wyoming child support statutes provide that a child support obligation shall be determined considering the combined income of both parents. Wyo. Stat. Ann. ยง 20-2-304. Income is defined as:
any form of payment or return in money or in kind to an i
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