2010-409 In the Matter of Richard Lister and Marianne Lister

Eugene F. Sullivan III

No. 2010-409

Derry Family Division

support so long as he remains dependent. See dependent on others for care. As a disabled adult, the son is eligible for child mother. According to the son’s neurologist, the son will always remain the mother, Marianne Lister, have a disabled adult son, who lives with the The record supports the following facts. The father, Richard Lister, and

of the Master (Luneau DUGGAN, J. The petitioner, Richard Lister, appeals the recommendation

Marianne Lister, pro While the son is entitled to a maximum payment of $674 per month in SSI, the $450 per month in Supplemental Security Income (SSI) from Social Security. (amended 2010). Because of his disability, the son also receives approximately

his adult son. We affirm. monthly payments of $450.00 in Social Security disability benefits received by modifying his child support obligations and refusing to grant him credit for

page is: http://www.courts.state.nh.us/supreme. a.m. on the morning of their release. The direct address of the court's home reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 to press. Errors may be reported by E-mail at the following address: editorial errors in order that corrections may be made before the opinion goes Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any Readers are requested to notify the Reporter, Supreme Court of New well as formal revision before publication in the New Hampshire Reports. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as than through the contributing parent, the child’s entitlement to p. 2 Although the benefits are payable directly to the child rather

throughout the course of employment.

security benefits represent contributions that a worker has made

Unlike welfare and other forms of public assistance, social

In Angley-Cook & Cook the son. He asserts that this case is controlled by State & Taylor grant him a dollar for dollar credit for the $450 monthly SSI benefit received by On appeal, the father argues that the family division erred in refusing to

support orders. State & Taylor from the contributing parent. Id Trial courts have broad discretion in reviewing and modifying child. We explained that: and Social Security Disability Income (SSDI) dependency benefits are derived relied upon the rationale that Social Security retirement dependency benefits Cook & Cook, 151 N.H. at 259. However, in adopting this rule, we specifically obligor credit for his or her child support obligation as a per se rule.” Angley-

unsustainable exercise of discretion. Id. abilities to meet them, we will not overturn modification orders absent an the best position to determine the parties’ respective needs and their respective

the child and must be retained solely for the benefit of the child.” whether they are based upon a parent’s past earnings, are “payable directly to received by the child, because all Social Security benefits, regardless of Cook & Cook, which require a credit to the obligor for Social Security benefits

son is entitled to child support. However, relying upon our decisions in In the father. The father, whose income is $4,250 per month, did not dispute that the received SSI because of his own disability. In 2010, the mother requested an increase in child support from the parent’s status as either retired or disabled, while, in this case, the son law because in those cases the children’s benefits resulted from the obligor payments to $750 per month. The family division distinguished our prior case dollar credit for the son’s SSI benefits and increasing his child support modification order on May 17, 2010, refusing to grant the father a dollar for for dollar credit for the son’s SSI benefits. The family division issued a Cook & Cook, 151 N.H. 257 (2004), he argued that he should receive a dollar Matter of State & Taylor, 153 N.H. 700 (2006), and In the Matter of Angley-

could further reduce, if not eliminate, the son’s SSI payments. litem indicated that an increase in child support payments from the father father or his government subsidized housing benefit. The son’s guardian ad amount has been reduced, either because of the child support paid by the payments are considered in determining eligibility for SSI, see p. 3 and independent of the father’s earning history. We note that child support income. Indeed, the son receives SSI benefits based upon his own disability effect replace his own income rather than substitute for the father’s lost previous earnings, we agree with the family division that the son’s benefits in Because the son’s SSI benefits have no connection with the father’s

adopt a rule that has the potential to deduct from an SSI recipient’s already necessary for his subsistence, Lightel, 791 So. 2d at 959-60, we decline to resources available to that individual are insufficient to meet a minimum individual receives SSI benefits based upon a determination that other Trial courts should be aware of these limitations in future cases. Given that an 42 U.S.C. § 1382(c)(1) (2006) (providing for periodic review of SSI eligibility). future as a result of the increase in child support ordered by the trial court, see § 1382a(b)(9) (2006), and that the son’s SSI payments may be reduced in the

considered.”). federal minimum income level after all available income and resources are of additional income needed by a disabled person to maintain himself at the (Ala. Civ. App. 2000) (“SSI benefits are based on need; they reflect the amount the workers’ contributions into the Social Security Trust Fund. Id increased costs of living.” Id program, which pays benefits to the children of disabled workers because of Id.; see also Lightel v. Myers, 791 So. 2d 955, 960 government should assist certain persons with disabilities in meeting their Specifically, the court explained that SSDI is similar to an insurance their basic needs. These benefits reflect a determination by Congress that the Instead the program “is designed to help qualifying disabled individuals meet and eligibility is unrelated to past earnings. Martin, 874 N.E.2d at 1139. worker’s prior payment of Social Security taxes, general tax revenues fund SSI and brackets omitted)). While the payment of SSDI benefits is linked to a entitlements earned by the parent through his earlier employment” (quotation App. 1996) (dependents’ benefits provided by SSDI “are not gratuities, but are also Unlike the SSDI dependency benefits at issue in State & Taylor Bennett v. Com., Dept. of Social Services, 472 S.E.2d 668, 673 (Va. Ct. . at 1139; see

represent earnings from the parent’s past contributions. child’s SSI benefits. Id. at 1139-40. the SSDI and SSI programs and refused to provide a credit to the father for the Massachusetts Appeals Court recognized the differing nature and purpose of Martin v. Martin, 874 N.E.2d 1137, 1139 (Mass. App. Ct. 2007). In Martin, the Cook, the son’s SSI benefits at issue here are not derived from the father. See Social Security retirement dependency benefits at issue in Angley-Cook &

. (quotation, brackets and ellipses omitted).

payments derives from the parent, and the payments themselves p. 4 4

DALIANIS, C.J.