6.8.9 Extraordinary Adjustments (Child’s Income) (Line 5e)

Per La. R.S. 9:315.7, a child’s income may be used to reduce that child’s basic needs and thus may be deducted from the basic child support obligation. However, this provision does not apply to income earned by a child while he/she is a full-time student, regardless of whether such income was earned during a summer or holiday break.1  Also, public benefits (e.g., FITAP food stamps, or other means-tested programs) received by a child are not included.2  Any lump sum payments received by the child are credited to outstanding arrears; however, this can only be done after an evidentiary hearing.3

Although placed in the provision for deductions based on a child’s income, Social Security Disability benefits “received by a child due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based, by crediting the amount against the potential obligation of that parent.”4  This provision “require[s] the court to credit the social security benefits to the parent’s child support obligation, rather than deduct[] the benefits from the basic child support obligation as income of the child benefitting both parents under Section A.”5  The credit is given not against the ultimate child support order, but rather against the potential child support obligation of the disabled parent.6  Thus, if the child receives Social Security Disability benefits based on a disabled parent’s earnings history, a credit is given against that parent’s potential obligation (as determined after multiplying the basic child support obligation by that parent’s percentage of income).7  Thus, the credit is given after the calculation that produces the result to be entered on Line 7 of Worksheet A is complete. Note that the custodial parent may directly receive the benefits from the government on behalf of the child, regardless of which parent is disabled.8

Barrett v. Barrett illustrates the treatment of disability benefits paid to a child based on a disabled parent’s earnings history.9  Mr. Barrett was blinded after being shot in the face while hunting. Subsequently, Mr. and Ms. Barrett divorced. At that time, their three children were receiving social security benefits of $498 per month due to Mr. Barrett’s disability; this was paid to Ms. Barrett. The court computed the basic child support obligation as $915 per month. Based on the parties’ incomes, Mr. Barrett owed 54% of the total child support obligation, which amounted to $494.10. Because $498 is greater than $494.10, applying the credit resulted in Mr. Barrett owing no additional child support.

• 1La. R.S. 9:315.7(B).
• 2La. R.S. 9:315.7(C).
• 3La. R.S. 9:315.7(E).
• 4La. R.S. 9:315.7(D) (emphasis added).
• 5Barrett v. Barrett, 20-266, p. 8 (La. App. 5 Cir. 2/24/21), 314 So. 3d 1023, 1032.
• 6State ex rel. Dep’t of Child. & Family Servs. v. Peters, 2014-1800 (La. App. 1 Cir. 6/5/15), 174 So. 3d 1200.
• 7Barrett, 20-266, p. 8, 314 So. 3d at 1032 (applying rule to nondomiciliary parent); Peters, 2014-1800, 174 So. 3d 1200 (applying rule to potential obligation of domiciliary parent).
• 8See Cloud v. Dean, 2015-297, pp. 9–10 (La. App. 3 Cir. 12/16/15), 181 So. 3d 936, 943.
• 920-266 (La. App. 5 Cir. 2/24/21), 314 So. 3d 1023.