Can my children’s derivative Social Security Benefits be offset against my monthly Child Support Obligation?

Can my children’s derivative Social Security Benefits be offset against my monthly Child Support Obligation?

California Family Code section 4504 allows a noncustodial parent to be credited towards their child support obligation for the amount of federal government payments they are receiving on behalf of the child. The payments that qualify for this credit include:

  • Social Security retirement or disability benefits
  • Railroad Retirement benefits
  • Department of Veterans Affairs benefits

To be eligible for the credit, the child must be potentially eligible for the benefits. This means that the child must meet the requirements for the benefits, such as being the child of a deceased or disabled worker.

The custodial parent or other child support obligee is responsible for applying for the benefits on behalf of the child. The noncustodial parent must cooperate with the custodial parent in making the application and providing any necessary information.

If the custodial parent refuses to apply for the benefits or fails to cooperate with the appropriate federal agency, the noncustodial parent may be credited towards their child support obligation for the amount of benefits that the child would have received. The noncustodial parent must provide evidence to the local child support agency indicating the amount of benefits the child would have received.

This credit is intended to help ensure that children receive the financial support they need from both parents, even if one parent is deceased or disabled. It can also help to reduce the financial burden on the custodial parent.

If you are a noncustodial parent who is receiving federal government payments on behalf of your child, you may be eligible for a credit towards your child support obligation. You should speak with an experienced family law attorney to discuss your specific case.

Here are some additional things to keep in mind about California Family Code section 4504:

  • The credit is not available for all types of federal government payments.
  • The credit may not be available if the noncustodial parent is already receiving a credit for child support payments from another source.
  • The amount of the credit may be limited.

If you have any questions about California Family Code section 4504, you should speak with an experience family law specialist attorney.

Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APLC This article is not a solicitation.

Attorney Kenneth Ursua Reyes is a Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APC. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@kenreyeslaw.com or visit our website at Kenreyeslaw.com

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