Graby v. Graby, 664 N.E.2d 488 (N.Y. 1996). · Go Syfert
Graby v. Graby, 664 N.E.2d 488 (N.Y. 1996). Cases Citing This Book View Copy Cite
109 citation events (69 in the last 25 years) across 13 distinct courts.
Strongest positive: Drummond v. State (md, 1998-07-29)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Drummond v. State (6×) also: Cited "see"
Md. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
had the marriage not been dissolved, petitioner's children would have enjoyed a standard of living based on both parents' income plus the social security benefits they received as petitioner's dependents.
discussed Cited as authority (rule) Matter of Weaver v. Weaver
N.Y. App. Div. · 2021 · confidence medium
Where, as here, a child is not receiving the benefit of a parent's full-time earnings and higher salary level because of illness/disability, the federal government provides a derivative disability award to the child ( see Matter of Graby v Graby , 87 NY2d 605, 611 [1996]).
discussed Cited as authority (rule) Yemi O. v. Amanda Q.
N.Y.C. Fam. Ct. · 2015 · confidence medium
However, the absence of a dismissal remedy for a custodial parent’s noncompliance with Family Court Act § 424-a appears reasonable given the underlying purpose of the child support statute, which is to ensure that children receive adequate support that is commensurate with the means of both parents (Matter of Cassano v Cassano, 85 NY2d 649, 653 [1995]; Matter of Graby v Graby, 87 NY2d 605, 609 [1996]).
discussed Cited as authority (rule) Wendel v. Nelson
N.Y. App. Div. · 2014 · confidence medium
A dependent child’s Social Security benefits are designed to supplement existing resources and are not intended to displace the obligation of parents to support their children (see Matter of Graby v Graby, 87 NY2d 605, 611 [1996]; Matter of Jones v Smith, 59 AD3d 546, 547 [2009]).
discussed Cited as authority (rule) Wendel v. Nelson
N.Y. App. Div. · 2014 · confidence medium
A dependent child’s Social Security benefits are designed to supplement existing resources and are not intended to displace the obligation of parents to support their children (see Matter of Graby v Graby, 87 NY2d 605, 611 [1996]; Matter of Jones v Smith, 59 AD3d 546, 547 [2009]).
cited Cited as authority (rule) McDonald v. McDonald
N.Y. App. Div. · 2013 · confidence medium
Those benefits do not in any way affect the father’s financial situation (see Matter of Graby v Graby, 87 NY2d 605, 611 [1996]).
cited Cited as authority (rule) McDonald v. McDonald
N.Y. App. Div. · 2013 · confidence medium
Those benefits do not in any way affect the father’s financial situation (see Matter of Graby v Graby, 87 NY2d 605, 611 [1996]).
discussed Cited as authority (rule) Moss v. Moss
N.Y. App. Div. · 2012 · confidence medium
The father’s remaining contentions are without merit (see Matter of Gravlin v Ruppert, 98 NY2d at 5 ; Matter of Graby v Graby, 87 NY2d 605, 607 [1996]; Matter of Duggan v Duggan, 83 AD3d at 704 ; Linda R. v Ari Z., 71 AD3d at 466 ; Luongo v Luongo, 50 AD3d 858, 859 [2008]; Matter of Weymouth v Mullin, 42 AD3d 681 [2007]; Matter of Wrighton v Wrighton, 23 AD3d 669, 670 [2005]; Matter of Pinto v Putnam County Support Collection Unit, 295 AD2d 350, 352 [2002]).
discussed Cited as authority (rule) Bouie v. Joseph
N.Y. App. Div. · 2012 · confidence medium
Contrary to the father’s contention, the Family Court correctly declined to credit social security disability benefits paid directly to the child against his child support obligation (see Matter of Graby v Graby, 87 NY2d 605, 607 [1996]; Matter of Jones v Smith, 59 AD3d 546, 547 [2009]).
discussed Cited as authority (rule) Arkansas Office of Child Support Enforcement v. Hearst
Ark. · 2009 · confidence medium
Social Security payments to dependent children do not reduce the disabled parent’s benefits or in any way increase that parent’s financial obligations.” Graby v. Graby, 87 N.Y.2d 605 , 641 N.Y.S.2d 577 , 664 N.E.2d 488, 491 (1996) (citing Stultz v. Stultz, 659 N.E.2d 125, 127 (Ind.1995) and Sergi v. Sergi, 58 A.D.2d 692 , 395 N.Y.S.2d 759, 759 (NY.App.Div.1977)).
discussed Cited as authority (rule) Massey v. Evans
N.Y. App. Div. · 2009 · confidence medium
One of the primary goals of the legislation is “to establish equitable support awards that provide a ‘fair and reasonable sum’ for the child’s needs within the parents’ means” (Matter of Graby v Graby, 87 NY2d 605, 609 [1996], rearg denied 88 NY2d 875 [1996], quoting Family Ct Act § 413 [1] [a]) and to enable children to “share in the economic status of both their parents” (Governor’s Approval Mem, Bill Jacket, L 1989, ch 567, at 13).
discussed Cited as authority (rule) In Re the Marriage of Anthony-Guillar
Colo. Ct. App. · 2009 · confidence medium
Benefits paid to the children are their "financial resources." Graby v. Graby, 87 N.Y.2d 605, 611 , 641 N.Y.S.2d 577 , 664 N.E.2d 488, 491 (1996); see also Keith v. Purvis 982 So2d 1083, 1088 (Miss.Ct.App.2008)("social security benefits received by a child belong to the child"); Windham v. State ex rel.
discussed Cited as authority (rule) Jones v. Smith
N.Y. App. Div. · 2009 · confidence medium
“Social Security disability dependents’ benefits are an entitlement granted by Congress to children at no purchase cost to the disabled parent” (Matter of Graby v Graby, 87 NY2d 605, 611 [1996]). “[Although a dependent child’s Social Security benefits are derived from the disabled parent’s past employment, they are designed to supplement existing resources, and are not intended to displace the obligation of the parent to support his or her children” (id.) see Matter of Dorosky v Herald, 52 AD3d 829 [2008]; Matter of Pinto v Putnam County Support Collection Unit, 295 AD2d 350, 352…
discussed Cited as authority (rule) Dorosky v. Herald
N.Y. App. Div. · 2008 · confidence medium
Here, there is no indication that the mother knew, inter alia, that “[a] dependent child’s Social Security benefits are . . . not intended to displace the obligation” of the father to support his children (Matter of Graby v Graby, 87 NY2d 605, 611 [1996]) or that Social Security benefits would be payable only until the dependent children reached the age of 18.
discussed Cited as authority (rule) Mariana D. v. Frank D. (2×)
N.Y.C. Fam. Ct. · 2008 · confidence medium
The outcome in this case is governed by the Child Support Standards Act (Family Ct Act § 413), which sets forth “a precisely articulated” methodology for determining child support (Matter of Dutchess County Dept. of Social Servs. v Day at 153), and is intended to “establish equitable support awards that provide a fair and reasonable sum for the child’s needs within the parents’ means” (Matter of Graby v Graby, 87 NY2d 605, 609 [1996] [internal quotation marks omitted]; see Matter of Cassano v Cassano, 85 NY2d 649, 652 [1995]; Holterman v Holterman, 3 NY3d 1, 10 [2004]).
discussed Cited as authority (rule) Luongo v. Luongo
N.Y. App. Div. · 2008 · confidence medium
Furthermore, the court properly calculated the defendant’s monthly child support obligation without crediting him for Social Security benefits which the children receive due to his disability. “[Although a dependent child’s Social Security benefits are derived from the disabled parent’s past employment, they are designed to supplement existing resources and are not intended to displace the obligation of the parent to support his or her children” (Matter of Graby v Graby, 87 NY2d 605, 611 [1996]; see Matter of Weymouth v Mullin, 42 AD3d 681 [2007]; Matter of Wrighton v Wrighton, 23 AD…
discussed Cited as authority (rule) Mirkin v. Mirkin
N.Y. App. Div. · 2007 · confidence medium
The amounts in issue here, a $625,000 bonus the defendant received in 2000, and a $75,000 payment received in 2004 as settlement of a lawsuit against his former employer, fall within this definition, as evidenced by the fact that both were reported on the defendant’s earnings statements for the respective years (see Holterman v Holterman, 3 NY3d 1, 10 [2004]; Matter of Graby v Graby, 87 NY2d 605, 609-610 [1996]).
discussed Cited as authority (rule) Weymouth v. Mullin
N.Y. App. Div. · 2007 · confidence medium
It is well settled that Social Security benefits received by a child are “designed to supplement existing resources, and are not intended to displace the obligation of the parent to support his or her child[ ]” (Matter of Graby v Graby, 87 NY2d 605, 611 [1996]; see Matter of Vrooman v Vrooman, 244 AD2d 122, 124 [1998]).
discussed Cited as authority (rule) Wrighton v. Wrighton
N.Y. App. Div. · 2005 · confidence medium
Nor is there any merit to the father’s argument that his son’s derivative Social Security benefits may serve as a credit against his child support obligation (see Matter of Graby v Graby, 87 NY2d 605, 611-612 [1996]; Matter of Commissioner of Social Servs. v Luis Alonso G., supra at 388; Matter of Pinto v Putnam County Support Collection Unit, 295 AD2d 350, 352 [2002]).
discussed Cited as authority (rule) Fuller v. Fuller
N.Y. App. Div. · 2004 · confidence medium
Although respondent receives an additional $7,548 per year in derivative Social Security disability benefits on behalf of the parties’ child, that sum “should be considered by the court after the basic [child] support obligation is calculated and only then pursuant to a [Family Ct Act § ] 413 (1) (f) ‘unjust or inappropriate’ determination” (Matter of Graby v Graby, 87 NY2d 605, 611 [1996]).
discussed Cited as authority (rule) In re Angley-Cook (2×)
N.H. · 2004 · confidence medium
Ct. App. 1993) (citations omitted); see Drummond v. State, 714 A.2d 163, 168-70 (Md. 1998) (holding that social security dependency benefits are not included in calculation of parents’ gross incomes); Graby v. Graby, 664 N.E.2d 488, 490-91 (N.Y. 1996) (same); Wood v. Wood, 964 P.2d 1259, 1264 (Wyo. 1998) (same).
discussed Cited as authority (rule) Holterman v. Holterman
NY · 2004 · confidence medium
“The amount of ‘income’ attributed to each parent is derived by adding gross income, as reported on the most recent Federal tax return, and, to the extent not included as gross income, investment income, imputed income and other ‘income received’ by the parent from eight enumerated sources” (Matter of Graby v Graby, 87 NY2d 605, 609-610 [1996], citing Family Ct Act § 413 [1] [b] [5]). 6 After computing statutory income, a limited number of deductions are allowable under Domestic Relations Law § 240 (1-b).
discussed Cited as authority (rule) Commissioner of Social Services v. Luis Alonso G.
N.Y. App. Div. · 2004 · confidence medium
Inasmuch as a child’s derivative Social Security benefits may not serve as a “credit” against a noncustodial parent’s support obligation (see Graby v Graby, 87 NY2d 605, 611 [1996]), such payments should not have been considered in determining the requested reduction.
discussed Cited as authority (rule) Veitch v. Veitch
N.Y. App. Div. · 2004 · confidence medium
Contrary to plaintiffs contention, the record establishes that the court properly determined the amount of child support pursuant to the CSSA and then afforded the parties the opportunity to present evidence of unjust and inappropriate circumstances with regard to their daughter’s dependency benefits to warrant deviation from that amount (see Matter of Graby v Graby, 87 NY2d 605, 610 [1996], rearg denied 88 NY2d 875 [1996]).
discussed Cited as authority (rule) Pinto v. Putnam County Support Collection Unit
N.Y. App. Div. · 2002 · confidence medium
Social Security disability dependents’ benefits are an entitlement granted by Congress to children at no purchase cost to the disabled parent (see Matter of Graby v Graby, 87 NY2d 605, 611 ). “[AJlthough a dependent child’s Social Security benefits are derived from the disabled parent’s past employment, they are designed to supplement existing resources, and are not intended to displace the obligation of the parent to support his or her children” (Matter of Graby v Graby, supra at 611; see also Matter of Cohen v Hartmann, 285 AD2d 675 ; Matter of Zevotek v Zevotek, 257 AD2d 888 ).
discussed Cited as authority (rule) In Re the Marriage of Hilmo
Iowa · 2001 · confidence medium
Compare Drummond v. *812 State, 350 Md. 502 , 714 A.2d 163 , 165 n. 2, 171 (Ct. App. 1998) (refusing to include dependent benefits as income to the disabled parent and refusing to give the disabled parent an offset for the benefits received by the child); Graby v. Graby, 87 N.Y.2d 605 , 641 N.Y.S.2d 577 , 664 N.E.2d 488, 492 (1996) (refusing to treat dependent social security disability payments as income of the disabled parent or as a credit against the parent’s support obligation); In re Marriage of Krompel, 129 Or .App. 394, 879 P.2d 223, 224 (1994) (reaffirming In re Marriage of Lawhom, …
discussed Cited as authority (rule) A. E. v. J. I. E.
N.Y. Sup. Ct. · 1999 · confidence medium
In Matter of Graby v Graby ( 87 NY2d 605, 611 [1996]), the Court of Appeals ruled that Social Security payments received by the child of a disabled, noncustodial parent cannot be included as income to that parent and credited against her support obligation.
discussed Cited as authority (rule) Vrooman v. Vrooman (2×) also: Cited "see, e.g."
N.Y. App. Div. · 1998 · confidence medium
In Matter of Graby v Graby ( 87 NY2d 605 , supra) the Court of Appeals, in construing the statutory framework of Family Court Act § 413, noted that a child’s dependent benefits were not intended to displace a parent’s statutory obligation to support his or her child and cannot be included as part of the noncustodial parent’s income when considering the “ ‘[cjombined parental income’ ” (Family Ct Act § 413 [1] [b] [4]) as the first step of calculating a support obligation under the CSSA guidelines (Matter of Graby v Graby, supra, at 608-609).
discussed Cited as authority (rule) Bast v. Rossoff
NY · 1998 · confidence medium
Absent express direction from the Legislature in its precise child support guidelines, we will not reduce the parental resources available to children by applying this problematic formula (see, Matter of Graby v Graby, 87 NY2d, at 613).
discussed Cited "see" Maliah-Dupass v. Dupass (2×)
N.Y. App. Div. · 2025 · signal: see · confidence high
"A dependent child's Social Security benefits are designed to supplement existing resources and are not intended to displace the obligation of parents to support their children" ( Matter of Wendel v Nelson , 116 AD3d 1057, 1058 ; see Matter of Graby v Graby , 87 NY2d 605, 611 ).
discussed Cited "see" HOLECK, LISA M. v. BEYEL, SEAN D. (2×)
N.Y. App. Div. · 2016 · signal: see · confidence high
The court in a child support matter has discretion to consider “ ‘everything available to support the child’ ” (Matter of Webb v Rugg, 197 AD2d 777, 778 [1993]; see Matter of Graby v Graby, 87 NY2d 605, 611 [1996], rearg denied 88 NY2d 875 [1996]).
cited Cited "see" Marrale v. Marrale
N.Y. App. Div. · 2007 · signal: see · confidence high
Moreover, the support amount of $291 per week was not “unjust or inappropriate” during this time period (Family Ct Act § 413 [1] [f]; see Matter of Graby v Graby, 87 NY2d 605, 609 [1996]).
cited Cited "see" Rosenberg v. Merida
Mass. · 1998 · signal: see · confidence high
See Graby v. Graby, 87 N.Y.2d 605, 613 (1996).
discussed Cited "see, e.g." Howe v. Howe
N.Y. App. Div. · 2009 · signal: see also · confidence medium
Ill The plaintiff’s contentions regarding the allocation of responsibility for the medical, child care, and tuition expenses for the children are without merit (see Domestic Relations Law § 240 [1-b] [b] [5] [iv], [vii] [C]; [c] [4], [5], [7]; see also Matter of Graby v Graby, 87 NY2d 605, 611 [1996]; Wallach v Wallach, 37 AD3d 707, 709 [2007]).
discussed Cited "see, e.g." Mezz v. Hitchcock
N.Y. App. Div. · 1998 · signal: see also · confidence low
As Family Court failed to so consider the derivative award after first determining the amount which would have resulted under a strict application of the Child Support Standards Act (see, Family Ct Act § 413 [1] [b]) and whether the $500 court-ordered payment of support would be “unjust or inappropriate” (see, Family Ct Act § 413 [1] [f]; see also, Matter of Graby v Graby, supra; Matter of Hollister v Whalen, 244 AD2d 650 ), we remit the matter to Family Court.
discussed Cited "see, e.g." Sullivan v. Frank
N.Y. App. Div. · 1997 · signal: see also · confidence low
A rebuttable presumption exists that the amount of child support calculated under the statutory guidelines is correct (see, Family Ct Act § 413 [1] [a]; 42 USC § 667 [b]; see also, Matter of Graby v Graby, 87 NY2d 605, 610 ).
Retrieving the full opinion text from the archive…
In the Matter of Kenneth N. Graby
v.
Janet Graby
New York Court of Appeals.
Feb 8, 1996.
664 N.E.2d 488
1996 N.Y. LEXIS 61
POINTS OF COUNSEL, Elizabeth A. Hendy, Geneva, for appellant., Buck, Danaher, Ryan & McGlenn, Elmira (John R. McGlenn of counsel), for respondent. I.
Titone.
Cited by 65 opinions  |  Published

OPINION OF THE COURT

Titone, J.

Petitioner, a noncustodial parent, seeks to reduce his court-ordered child support obligation calculated pursuant to Family Court Act § 413. The question presented is whether Social Security disability benefits paid to the parties’ children on the basis of the noncustodial parent’s disability should be included as income of that parent and credited against his support obligation. We answer that question in the negative and conclude that, under the precise guidelines of Family Court Act § 413, those benefit payments are more properly characterized as resources of the child to be considered in determining whether the support obligation is "unjust or inappropriate” (see, Family Ct Act § 413 [1] [f]).

Petitioner Kenneth Graby and respondent Janet Graby were divorced in May 1990. Pursuant to their divorce decree, which incorporated but did not merge the provisions of an amended separation agreement, custody of the couple’s two children was granted to respondent, and petitioner was directed to pay child support of $400 per week.

On January 24, 1992, respondent filed a petition to enforce the child support payments. Petitioner cross-petitioned for a downward modification based on his loss of employment in August 1991. On September 18, 1992, Family Court granted the cross petition, and reduced petitioner’s child support obligation to $112.50 per week, plus $27.50 per week for arrears.

[*608] Just prior to that decision, however, the Social Security Administration notified petitioner that he was eligible for Social Security disability payments of $1,037 per month, retroactive to February 1992. As his dependents, petitioner’s children similarly became entitled to Social Security payments of $518 per month.[1]

In October 1992, petitioner brought this proceeding to modify Family Court’s September order of support based on his total disability. At that time, respondent sought an upward modification of petitioner’s support obligation, based on his increase in income — his monthly receipt of $1,037 in Social Security disability benefits and $1,080 from his pension.

Based on that income, a Hearing Examiner recalculated petitioner’s child support obligation, fixing it at $536.80 per month. Citing Passaro v Passaro (92 AD2d 861), the Hearing Examiner then applied a credit of $518, the amount of Social Security disability payments made to the children, against petitioner’s child support obligation. Family Court vacated the Hearing Examiner’s order. The court concluded that, under the Child Support Standards Act, disability payments to children could only be credited against a child support obligation that is found to be "unjust or inappropriate” (see, Family Ct Act § 413 [1] [f]). Family Court remitted to the Hearing Examiner for a determination of whether, after consideration of the 10 statutory factors enumerated in section 413 (1) (f), petitioner’s child support obligation fixed pursuant to the statutory formula was unjust or inappropriate.

The Appellate Division modified the determination to be made on remittal. Stating that it was adopting the methodology followed in a majority of jurisdictions, the court ruled that the Social Security disability payments to the children should be included in the disabled parent’s income under Family Court Act § 413 (1) (b) (5) and then credited against that parent’s support obligation. The Court concluded that the Social Security payments to the children could be considered again in determining whether the noncustodial parent’s support obligation was unjust or inappropriate. One Justice dissented, concluding that the Child Support Standards Act does not authorize the courts to either increase a noncustodial parent’s income by the amount of Social Security disability payments paid to the children or to credit those benefits against the[*609] noncustodial parent’s support obligation. We find merit in the views advanced in that dissent, and now reverse.[2]

The parties agree that the child support guidelines contained in Family Court Act § 413 do not expressly direct the manner in which Social Security disability payments to dependent children should be treated in calculating a parent’s basic child-support obligation. Petitioner argues that because those payments are derived from the disabled noncustodial parent’s prior employment efforts, they should be treated as income to that parent and then credited against his support obligation. The alternative proposed by respondent is to treat those payments as resources of the child that may be considered pursuant to Family Court Act § 413 (1) (f) in determining whether the noncustodial parent’s basic support obligation should be adjusted because it is "unjust or inappropriate.” We conclude that the latter approach fits within the statutory scheme and advances the goals sought to be achieved by the legislation.

Family Court Act § 413 provides the framework for our analysis. The 1989 amendment to section 413, enacted as part of the Child Support Standards Act, was the Legislature’s response to the Federal Government’s mandate that States establish mandatory guidelines for determining child support awards (42 USC §§ 654, 655; see also, Matter of Rose v Moody, 83 NY2d 65, 69). The statute sets forth a standardized formula for computing a basic child support obligation that "is based on parental income” (Bill Jacket, L 1989, ch 567, Governor’s Approval Mem filed with Assembly Bill 2027-A, at 13, reprinted in 1989 NY Legis Ann, at 248 [emphasis added]). A primary goal of the legislation is to establish equitable support awards that provide a "fair and reasonable sum” for the child’s needs within the parents’ means (Family Ct Act § 413 [1] [a]; see also, Matter of Cassano v Cassano, 85 NY2d 649, 652).

Under the statutory guidelines, the first step is to calculate the "combined parental income” (Family Ct Act § 413 [1] [b] [4]; Matter of Cassano v Cassano, 85 NY2d 649, 653, supra). The amount of "income” attributed to each parent is derived by adding gross income, as reported on the most recent Federal[*610] tax return, and, to the extent not included as gross income, investment income, imputed income and other "income received” by the parent from eight enumerated sources (id,., § 413 [1] [b] [5]). Those sources include disability benefits, pension benefits and Social Security benefits (id., § 413 [1] [b] [5] [i]-[vi]). While the statute specifically includes Social Security benefits received by the parent as part of his or her income, it does not similarly include Social Security benefits paid to the dependent children in that definition.

A limited number of statutory deductions are also permitted to be taken from the parent’s income before the child support percentage is applied. These generally include specified business deductions, alimony or maintenance payments, child support paid on behalf of other children, public assistance payments, and certain tax payments (id., § 413 [1] [b] [5] [vii] [A]-[H]). This section contains no authorization to deduct Social Security payments received by dependent children from the support obligation.

Once the combined parental income is calculated and appropriate deductions are taken, a child support percentage, based on the number of children to be supported, is applied to the first $80,000 of that combined amount to reach an annual child support responsibility (id., § 413 [1] [c] [2]). That amount is then "ratably apportioned between the two parents” (Matter of Commissioner of Social Servs. [Wandel] v Segarra, 78 NY2d 220, 223), and the noncustodial parent may be directed to pay his or her proportionate share to the custodial parent (Family Ct Act § 413 [1] [f ] [10]). A rebuttable presumption exists that the amount of child support calculated under the statutory guidelines is correct (id., § 413 [1] [a]; 42 USC § 667 [b]). The presumption may be rebutted, and the support obligation adjusted, upon the court’s finding that the noncustodial parent’s support obligation is "unjust or inappropriate” (§ 413 [1] [f]; 42 USC § 667; see also, Matter of Cassano v Cassano, 85 NY2d 649, 653, supra). In making that determination, the court is guided by a list of 10 statutory factors, which include ”[t]he financial resources of the custodial and non-custodial parent, and those of the child,” the child’s physical and emotional health and special needs, "[t]he standard of living the child would have enjoyed had the marriage or household not been dissolved,” and any other factors deemed relevant by the court (see, Family Ct Act § 413 [1] [¶] [1]-[10] [emphasis added]).

Importantly, it is not until this discretionary assessment of the appropriateness of the support obligation that the statute[*611] first authorizes the court to consider the financial resources of the child (id., § 413 [1] [¶] [1]). The separate treatment of the children’s financial resources under section 413 (1) (f) indicates that they are distinct from parental income and not intended in any way to be counted within the resources available to satisfy the parent’s child support obligation.

Fundamentally, benefits received by children under certain government welfare programs should not be considered income to the parent for purposes of calculating a parent’s means (see, Sullivan v Stroop, 496 US 478; Head v State, 632 NE2d 749 [Ind App 1994] [Social Security disability payments are not child support]).[3] In fact, in a related context, this Court has already held that a parent’s paramount duty to support minor children is not abrogated by a child’s receipt of public assistance (Matter of Commissioner of Social Servs. [Wandel] v Segarra, 78 NY2d 220, supra; see also, Family Ct Act 415). Like public assistance, Social Security disability dependents’ benefits are an entitlement granted by Congress to children at no purchase cost to the disabled parent (Stulz v Stulz, 659 NE2d 125,127 [Sup Ct Ind 1995]). Social Security payments to dependent children do not reduce the disabled parent’s benefits or in any way increase that parent’s financial burden (see, Matter of Sergi v Sergi, 58 AD2d 692, 693).

Indeed, although a dependent child’s Social Security benefits are derived from the disabled parent’s past employment, they are designed to supplement existing resources, and are not intended to displace the obligation of the parent to support his or her children. Accordingly, under the present statutory scheme, the Social Security benefits paid to petitioner’s dependents on the basis of his disability are "financial resources” of the children that should be considered by the court after the basic support obligation is calculated and only then pursuant to a section 413 (1) (f) "unjust or inappropriate” determination.

In reaching our conclusion, we disagree with lower court holdings that dependents’ benefits paid by Social Security should be included in the sum representing parental income (see, e.g., Passaro v Passaro, 92 AD2d 861, supra). That sense of[*612] direction developed at a time when the predecessor statute required the courts to consider the children’s resources in calculating the basic child support obligation (see, Family Ct Act former § 413 [repealed 1989]; see also, Joachim, v Joachim, 57 AD2d 546, 547).[4]

In many cases, granting the noncustodial parent a credit for Social Security disability benefits earmarked for dependent children might effectively abolish the child support obligation of that parent, who has regular and consistent income, and at the same time disproportionately reduce the resources available to the children. Thus, in addition to running afoul of the statute’s plain terms, that consequence is inconsistent with the underlying premise of the Act that both parents meet their obligation to contribute to the support of their children within their means (Bill Jacket, L 1989, ch 567, Governor’s Approval Mem, op. cit.).

A credit for such Social Security payments also interferes with the goal of protecting children "as much as possible from the overall decline in living standards that results from parents maintaining two households” (Bill Jacket, L 1989, ch 567, Governor’s Program Bill Mem, reprinted in 1989 McKinney’s Session Laws of NY, at 2208; see also, Matter of Cassano v Cassano, 85 NY2d 649, 652, supra). Here, had the marriage not been dissolved, petitioner’s children would have enjoyed a standard of living based on both parents’ income plus the Social Security benefits they received as petitioner’s dependents (see, Stulz v Stulz, 659 NE2d 125, 127 [Sup Ct Ind 1995], supra). In fact, requiring a noncustodial parent to pay a fair and adequate support obligation without such a credit will generally "maximizef] collections * * * [and] reduce the need for some families dependent on child support to apply for public assistance” — an additional goal of the statutory support guidelines (Bill Jacket, L 1989, ch 567, Mem of Dem Study Group, at 17; see also, id,., Budget Report on Bills, at 21). Fundamentally, "the focus [must remain] where it belongs: on the standard of living the parents can provide, rather than the meeting of[*613] minimal needs” (Bill Jacket, L 1989, ch 567, Mem of State of New York Commn on Child Support, at 27). Absent such direction by our Legislature in its precise child support guidelines, we decline to reduce the resources ultimately available to children by treating Social Security disability payments to dependents as income of the disabled parent or as a credit against that parent’s support obligation.[5]

Accordingly, the judgment of Family Court and the order of the Appellate Division brought up for review should be reversed, with costs, and the June 1, 1993 order of Family Court reinstated. The certified question need not be answered.

Chief Judge Kaye and Judges Simons, Bellacosa, Smith, Levine and Ciparick concur.

Judgment of Family Court and order of the Appellate Division brought up for review reversed, with costs, and June 1, 1993 order of Family Court, Yates County, reinstated. Certified question not answered upon the ground that the judgment of Family Court from which leave was granted finally determines this proceeding.

1

In January 1993, payments to petitioner and his children were increased to $1,068 and $533 per month, respectively.

2

The Appellate Division certified the question to this Court whether it "properly determined that social security benefits of a child should be included in the income of a disabled parent under Family Court Act § 413 and should then be deducted from the resulting child support obligation.” Because the Family Court judgment from which leave to appeal to this Court was granted finally determines this proceeding, we do not answer the certified question.

3

As the United States Supreme Court has stated, "child support,” a term of art used throughout the Social Security Act, "refers to legally compulsory payments made by parents” (Sullivan v Stroop, 486 US, at 482, supra [emphasis added]). Thus, in Sullivan, the Supreme Court ruled that Social Security insurance benefits paid to children did not constitute "child support” payments affecting a family’s eligibility for AFDC benefits (id, at 481-482).

4

Former section 413 (1) of the Family Court Act provided, in relevant part, that in fixing a child support obligation, the court shall consider "(i) the financial resources of the parents and those of the child,-, (ii) the physical and emotional health of the child, and his or her educational or vocational needs and aptitudes; (iii) where practical and relevant, the standard of living the child would have enjoyed had the family remained intact; (iv) where practical and relevant, the tax consequences to the parties; and (v) the non-monetary contributions that the parents will make toward the care and well being of the child [emphasis added].”

5

Some States have passed legislation that specifically provides that Social Security disability payments to children are to be credited against the disabled parent’s child support obligation (see, e.g., Cal Fam Code § 4504; Utah Code Ann § 78-45-7.5 [8] [b]).