Second, Social Security benefits can affect amount of child support that must be paid out of pocket by parent paying child support. Section 26 of Arizona Child Support Guidelines addresses this issue and states verbatim as follows:

A. Income earned or money received by a child from any source other than court-ordered child support shall not be counted toward either parent’s child support obligation except as stated herein. However, income earned or money received by or on behalf of a person for whom child support is ordered to continue past age of majority pursuant to Arizona Revised Statute Sections 25-320.B and 25-809.F may be credited against any child support obligation.

B. Benefits, such as Social Security Disability or Insurance, received by a custodial parent on behalf of a child, as a result of contributions made by parent paying child support shall be credited as follows: 1. If amount of child's benefit for a given month is equal to or greater than paying parent's child support obligation, then that parent's obligation is satisfied. 2. Any benefit received by child for a given month in excess of child support obligation shall not be treated as an arrearage payment nor as a credit toward future child support payments. 3. If amount of child's benefit for a given month is less than parent's child support obligation, parent shall pay difference unless court, in its discretion, modifies child support order to equal benefits being received at that time.

C. Except as otherwise provided in section 5.B, any benefits received directly, and not on behalf of a child, by either custodial parent or parent paying child support as a result of his or her own contributions, shall be included as part of that parent’s gross income.

The interpretation of Section 26, above, minus some of legalese, is really pretty simple:

A.The Hague Convention is a term used to cover a number of international treaties on different areas of law, ranging from commercial issues, legal procedures and money judgments to international child abduction and adoption. There are many Conventions, each covering a different topic and having its own title. This Q&A publication is concerned with Hague Convention on Civil Aspects of International Child Abduction, first created October 25, 1980 and since ratified by U.S. and many, but not all, countries.

Q:What is purpose of Hague Convention on Civil Aspects of International Child Abduction?

A:The Hague Convention on Civil Aspects of International Child Abduction is an attempt to deal with situations where a person has wrongfully taken a child(ren) from one country to another or keeps them in a country without other parent’s permission or legal authority to do so. In other words, this Convention concerns wrongful removal/retention from child’s state of habitual residence (country of residence).

Q:What is responsibility of each country that signed Hague Convention on Civil Aspects of International Child Abduction?

A:Each signatory to treaty agreed to set up a Central Authority to organize each case and act as a clearinghouse for international child abduction issues. For example, United States Department of Justice was designated U.S. Central Authority and, in turn, delegated much of that authority to National Center for Missing and Exploited Children (NCMEC). Some countries signed on to treaty but have not put much funding nor effort into implementation. Each government has a great deal of power over cases under Hague Convention on Civil Aspects of International Child Abduction once transferred within their borders. The referring country, of course, has no real authority at all and therefore one must rely on individual government where child has been taken to use that power. Often, a diligent attorney working on a child abduction case is key to having a child returned.

Q:What resources are available to Central Authority?

A:Each country is very different in resources they apply to Hague cases, ranging from almost nothing to highly sophisticated and coordinated systems. In U.S., for example, United States relies on National Center for Missing and Exploited Children to coordinate efforts among volunteer attorneys throughout United States, Interpol, FBI and also local police where abducted children are found. In addition, National Center maintains contact with requesting parent and their representatives.

Q:How does a case under Hague Convention on Civil Aspects of International Child Abduction proceed?

A.A party can go in one of at least two procedural directions to start a case. One, party may independently find and retain an attorney in jurisdiction where child is found. The other method is for party from whom child was wrongfully removed may make a direct application to Central Authority in either child’s habitual country of residence or country’s Central Authority in which child is found to seek assistance. The Central Authority then coordinates with an attorney or other proper entities in proper jurisdiction. Following this, normal procedure is to have attorney file paperwork with local court requesting that court (1) order local law enforcement or another entity to pick up child, (2) set a hearing, and (3) order child returned to proper custodian and country. Once child is secured, court holds hearing quickly thereafter to review facts of case and decide whether returning child is proper. It is not necessary for parent from whom child is abducted to attend hearing but it is often more convincing for them to testify in person there. Additionally, it is nice for that parent to be present because courts, when warranted, will normally order an immediate return following hearing and it is often best for parent to be there to comfort child and accompany child home.

Q:How does Hague Convention on Civil Aspects of International Child Abduction relate to custody?