Logo
Call Now(480)305-8300

Taking Children’s Social Security Benefits in Arizona | Hildebrand Law, PC

Posted on : July 22, 2019, By:  Chris Hildebrand
Taking Children's Social Security Benefits in Arizona

Taking Children’s Social Security Benefits in Arizona

U.S. News and World Report Best Divorce and Family Law Firms in Arizona

The Arizona Court of Appeals in the published decision in Peace v. Peace decided an Arizona court’s authority when a parent is taking children’s social security benefits in Arizona.

In the Peace case, Mother had primary custody of the children.

Despite that fact, Father diverted the social security payments payable for the support of the children to himself as opposed to the mother, who was the custodial parent of the children.

Contempt of Court for Taking Children’s Social Security Benefits

Mother filed a Petition for Contempt against father.

Mother alleged Father has directed the Social Security Administration to send him the children’s monthly social security payments of $362.00 per month.

Mother alleged she should have received those payments as the custodial parent of the children.

The trial court gave Mother a judgment against Father for all of the social security payments Father wrongfully diverted to himself. The trial court also found Father to be in contempt of court.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Preemption of Federal Law on Children’s Social Security Benefits

The Court of Appeals reviewed federal law. Federal law allows a parent receiving his or her children’s social security payments to use those funds in any manner benefitting the children.

Father argued that federal law gave him discretion on how he spent the social security benefits.

The Arizona Court of Appeals had to decide whether federal law or state law controlled in this situation.

The question became whether a state court judge had the authority to direct what Father should do with the children’s social security benefits.

Learn About Wrongfully Taking Children's Social Security Benefits in Arizona From Our Arizona Licensed Attorney, Chris Hildebrand, at Hildebrand Law, PC.

The court concluded there was extensive federal law governing children’s social security benefits.

The Court of Appeals concluded federal law, not state law, controlled.

There was comprehensive federal law on the subject.

Taking Children's Social Security Benefits in Arizona.

The extent of federal law demonstrated Congress intended to control the disposition of social security benefits. State law, therefore, is preempted by federal law.

The Arizona Court of Appeals concluded the state court judge did not have authority to hold Father in contempt.

Also, the state court did not have authority to give Mother a judgment against Father for the children’s social security payments he wrongfully diverted from her.

Other Articles About Child Support in Arizona

SCHEDULE YOUR CONSULTATION TODAY!

PLEASE COMPLETE OUR NEW CLIENT INTAKE FORM TO SCHEDULE YOUR CONSULTATION TODAY!
Chris Hildebrand

Chris Hildebrand

Chris Hildebrand wrote the information on this page about children’s social security benefits in Arizona to ensure everyone has access to information about child support laws in Arizona. Chris is a divorce and child custody attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys,” Phoenix Magazine “Top Divorce Law Firms,” and Arizona Foothills Magazine “Best of the Valley” award. The procedures he uses to get his clients through a divorce are based upon principles of honesty and integrity. Chris and his staff care about what their clients are going through in a divorce.