Social Security Derivative Benefits and Outstanding Child Support

     Hall v. Frencher is a case which involved the payment of outstanding child support and Social Security derivative benefits.

FACTUAL BACKGROUND OF THE CHILD SUPPORT PROCEEDINGS

     The parties in this case had a minor child. The father owed more than $11,000 in back child support when he started receiving Social Security benefits for a disability.

CHILD SUPPORT PROCEEDINGS

      Due to the fact that the father was disabled, the minor child received derivative payments from Social Security totaling $960 per month. Based upon father’s disability, the court ordered that he pay $8.50 per month in child support. The amount of Social Security derivative payments that the child received exceeded the current order for support by $951.50 per month. The father asked the court to apply the excess amount to reduce the amount due for back child support. The trial court disagreed and did not order a reduction in child support.

APPEAL OF THE CHILD SUPPORT ORDER

     The court of appeals agreed with the father and stated that California Family Code §4504 requires that any child support payments received as Social Security derivative benefits shall be credited to the paying parent for any outstanding child support payments due.

DO YOU NEED HELP WITH ISSUES RELATED TO CHILD SUPPORT?

      If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as child support or any other divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider our law office in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

      Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

      Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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