Hi. I apologize for your difficult circumstance, and thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.Yes, if benefits derive from a non-custodial parent to a child - and the custodial parent receives for the child - that counts as the non-custodial parent's income. It is also used to reduce the child support obligation by the amount derived to the child.
Does that make sense?
http://cssd.dc.gov/page/impact-ssi-and-ssdi-child-supportAbove is one resource that should help. It is particulate to Washington DC, though. Where are you located?
Texas is a little different: "Under Texas law, if a child receives derivative benefits as a dependent of a disabled parent, then the noncustodial parent can request a credit for the child's benefits, according to Texas Family Code Section 154.132"
What state are you located in?
Upon review, I have discovered that you are located in California. I apologize for any confusion caused. Derivative payments are credited per IN RE: THE MARRIAGE OF Danny C. and Shannon HOPKINS.
It would still seem to be treated as non-custodial parent's income for the amount credited in California.
That's fine. Don't worry. As you may know, all social security benefits should be included in California per Family Code 4058.
The difficulty may be 4058 part (3)(c): Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need.
But, part (1) says the following: "Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article."
Of course, social security benefits would seem to be included in all forms per (1), though (3)(c) does create a limitation for "income" for child support payments received. That would seem to apply to payee only and not payor.
I certainly think your analysis is a strong one.
I'm certainly sorry to hear that.
The law cited is the explanation of what is income and what its exceptions are. I'm sorry there's not something a little clearer.
In family law, the family code is the basis of law (and not a different type of regulation).
4058 is the relevant law herein - for the reasons shown above.
Thank you. And, you are most welcome. It's my pleasure to serve you.
Not a problem.
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