20 C.F.R. § 416.1856
Who is considered a child
We consider you to be a child if—
(a)(1) You are under 18 years old; or
(2) You are under 22 years old and you are a student regularly attending school or college or training that is designed to prepare you for a paying job;
(b) You are not married; and
(c) You are not the head of a household.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1991–2024 · leading case: Moreland v. Sullivan, 765 F. Supp. 970 (C.D. Ill. 1991).
Moreland v. Sullivan, 765 F. Supp. 970 (C.D. Ill. 1991). “20 C.F.R. § 416.1856 (1990). Thus, the AU ordered that only % of the payments— and not the full 100% originally ordered by HHS — be considered income to Moreland.”
In re the Matter of: Verdell Fredrick Borth v. Comm'r, Minnesota Dep't of Human Servs., Carver Cnty. (Minn. Ct. App. 2017). “” 20 C.F.R. § 416.1856 (a)(2) (2016) (emphasis added).”
Michael S. v. Angela S. (2024). “See 20 C.F.R. § 416.1856 . When the individual is considered a child pursuant to the SSA, one-third of monthly child support payments are excluded from the countable income in determining the SSI.”
Valdez v. Comm'r of Soc. Sec. (N.D.N.Y. 2024). “20 C.F.R. § 416.1856 . Here, Mr. Gregorka Not Reported in F.”
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