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This is a Family Law issue in California. Parents of two…

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Hi. This is a...

Hi. This is a Family Law issue in California. Parents of two children are getting divorced. Father is permanently disabled (work injury). Father receives, on behalf of each child, $602 ($1204 per month total). One child lives most of the time with mother. The other lives with both parents apx equally. What is the law about which parent is to get use/benefit of the distributions? Can you provide citation so I can actually read? Thanks.

Lawyer's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits properly. Is there anything else important you think the Retirement Accountant should know?

Not that I can think of.

Submitted: 2 months ago.Category: Family Law
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Answered in 3 hours by:
3/30/2018
Family Lawyer: RayAnswers, Lawyer replied 2 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,702
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 2 months ago

So here child support for the dad if he is noncustodial parent is calculated by dissomasater here in California.In other words the income is added in here, the support is calculated, it is normally then offset by the amount of social security.

The father here may or may not owe any more.Normally this is almost all of the support ordered especially if father only receives disability.

Thats how the process works.The person named as representative receives the social security with the purpose that it is expended for the benefit of each child and for a roof over their heads, food, clothing etc.

I am not sure if that is a direct answer but thats how it works in general and judge has discretion here to adjust the numbers based on how much child is with one parent.

To me what is fair is $602 to the mother for child that lives there, maybe $301 to each parent for the child that splits time.

The father here if he is unhappy with arrangement can file motion to modify, judge would have final say.

You can access dissomaster free at courthouse

http://www.scscourt.org/self_help/family/faqs/dissomaster.shtml

Another free one here to get you close

https://cristinlowelaw.com/practice-areas/child-support/california-child-support-calculator/

Here the father may have a good argument for change of circumstances if mom is getting all the money and child stays with dad half the time.Sounds like dad maybe getting shortchanged.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.Happy Easter to you let me know if you have more.

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Customer reply replied 2 months ago
There must be a SS regulation that discusses this issue: Who gets the money; the disabled person, the custodian, something else. Something other than a generalized notion that a judge has discretion. For instance, there is a regulation that dependent deductions are awarded to custodial parents (50.1% or better custodian) UNLESS the parents agree to a different allocation. I am interested in the ACTUAL LAW that applies in the absence of an agreement between the parties, and what some judge may or may not think is fair. Thnak you.
Family Lawyer: RayAnswers, Lawyer replied 2 months ago

So here the funds come to the disabled parent unless the other parent is named representative payee.

Social security calls it deeming here it is

https://secure.ssa.gov/poms.nsf/lnx/0501320550

This covers who gets social security.Understand the judge decides if any chlid support is due here thats separate.

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