Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits create unique questions in Nevada divorce proceedings — both for the disabled spouse receiving benefits and for the non-disabled spouse who may be seeking child support or spousal support from a partner whose primary income is disability benefits. The treatment of SSDI and SSI in Nevada child support and alimony calculations differs significantly: SSDI — a benefit based on the worker’s prior earnings record — is included in gross income for child support purposes in Nevada, while SSI — a needs-based program with strict income and asset limits — is generally not counted as income for support purposes because doing so would effectively reduce the disabled person’s subsistence-level benefit. Understanding these distinctions is critical for Las Vegas families navigating divorce when one spouse receives disability benefits. Hauser Family Law advises Las Vegas clients on the proper treatment of SSDI, SSI, and VA disability benefits in Nevada divorce support proceedings.
Nevada Child Support and Alimony Treatment of SSDI, SSI, and VA Disability Benefits
Nevada’s child support statute (NRS 125B.070) defines gross monthly income broadly to include all income from any source — wages, self-employment income, rental income, investment income, and government benefits including SSDI. SSDI is considered income for Nevada child support calculations because it is a benefit the recipient earned through prior employment contributions — it is not a needs-based benefit contingent on financial hardship, and it represents the disabled parent’s effective income replacement. When a disabled parent receives SSDI, children of that parent may also be eligible for dependent SSDI benefits (auxiliary benefits), which are paid directly to the custodial parent — these auxiliary benefits are credited against the non-custodial parent’s child support obligation in Nevada, preventing double-collection. SSI, by contrast, is a federal needs-based program providing $914/month (2023 federal benefit rate) to disabled individuals with limited income and assets. Nevada courts generally do not count SSI as income in child support calculations because SSI is calibrated to provide the minimum subsistence income for the disabled individual — treating it as income for support purposes would effectively require the disabled person to contribute their subsistence benefit to child support, leaving them below the federal poverty line. VA disability compensation — benefits paid to veterans for service-connected disabilities — is also generally included in gross income for Nevada child support purposes, as it represents a regular income stream. For spousal support (alimony) analysis under NRS 125.150, disability income is a factor in both the payor’s ability to pay and the recipient’s need — a disabled spouse receiving SSDI may lack the earning capacity to pay meaningful alimony, while a spouse receiving VA disability in addition to retirement pay may have substantial income available for support. Hauser Family Law analyzes the complete income picture for Las Vegas divorce clients involving disability benefits, ensuring that support calculations properly reflect each spouse’s actual financial position.