Minnesota Statutes

Minn. Stat. § 518A.31 (2026)

Social Security Or Veterans' Benefit Payments Received On Behalf Of The Child

✓ current as of May 2026

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(a) The amount of the monthly Social Security benefits or apportioned veterans' benefits provided for a joint child shall be included in the gross income of the parent on whose eligibility the benefits are based.

(b) The amount of the monthly survivors' and dependents' educational assistance provided for a joint child shall be included in the gross income of the parent on whose eligibility the benefits are based.

(c) If Social Security or apportioned veterans' benefits are provided for a joint child based on the eligibility of the obligor, and are received by the obligee as a representative payee for the child or by the child attending school, then the amount of the benefits shall also be subtracted from the obligor's net child support obligation as calculated pursuant to section 518A.34.

(d) If the survivors' and dependents' educational assistance is provided for a joint child based on the eligibility of the obligor, and is received by the obligee as a representative payee for the child or by the child attending school, then the amount of the assistance shall also be subtracted from the obligor's net child support obligation as calculated under section 518A.34.

(e) Upon a motion to modify child support, any regular or lump sum payment of Social Security or apportioned veterans' benefit received by the obligee for the benefit of the joint child based upon the obligor's disability prior to filing the motion to modify may be used to satisfy arrears that remain due for the period of time for which the benefit was received. This paragraph applies only if the derivative benefit was not considered in the guidelines calculation of the previous child support order.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2012–2025 · leading case: In re the Matter of: Dakota Cnty., Lorinda Elaine Floding, Below v. Darrell Ray Gillespie, 866 N.W.2d 905 (Minn. 2015).

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In re the Matter of: Dakota Cnty., Lorinda Elaine Floding, Below v. Darrell Ray Gillespie, 866 N.W.2d 905 (Minn. 2015). · cites it 37× “The other statute that discusses derivative Social Security benefits is Minn. Stat. § 518A.31, which provides that the benefits “shall be included in the gross income of the parent on whose eligibility the benefits are based.”

Cnty. of Grant v. Koser, 809 N.W.2d 237 (Minn. Ct. App. 2012). · cites it 7× “Minn.Stat. §§ 518A.31(c), .34(f). Sections 518A.”

Marriage of Haefele v. Haefele, 837 N.W.2d 703 (Minn. 2013). · cites it 2× “30, workers’ compensation, unemployment benefits, annuity payments, military and naval retirement, pension and disability payments, spousal maintenance received under a previous order or the current proceeding, Social Security or veterans benefits provided for a joint child…”

Cnty. of Dakota, ex rel., Michelle Marie Hinz v. Bryan Arthur ... (Minn. Ct. App. 2025). · cites it 18× “Minnesota Statutes section 518A.31 (2024) governs the treatment of SSDI and VA benefits received on behalf of a child.”

— Minn. Stat. § 518A.31(a) — 2 cases

In re the Matter of: Dakota Cnty., Lorinda Elaine Floding, Below v. Darrell Ray Gillespie, 866 N.W.2d 905 (Minn. 2015). “The other statute that discusses derivative Social Security benefits is Minn. Stat. § 518A.31, which provides that the benefits “shall be included in the gross income of the parent on whose eligibility the benefits are based.”

Cnty. of Dakota, ex rel., Michelle Marie Hinz v. Bryan Arthur ... (Minn. Ct. App. 2025). “Minnesota Statutes section 518A.31 (2024) governs the treatment of SSDI and VA benefits received on behalf of a child.”

— Minn. Stat. § 518A.31(c) — 3 cases

Cnty. of Grant v. Koser, 809 N.W.2d 237 (Minn. Ct. App. 2012). “Minn.Stat. §§ 518A.31(c), .34(f). Sections 518A.”

— Minn. Stat. § 518A.31(e) — 1 case

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