Daugherty v. Daugherty
Annotate this CaseDavid and Melinda’s two children lived with Melinda, and David paid child support. The Napa County Department of Child Support Services moved to modify David’s child support obligation. (Fam. Code, 17400). After a hearing, the court found that David’s income, for purposes of calculating child support, was the monthly Social Security disability payment he received, ordered him to pay a portion of that to Melinda as child support, and found Melinda received $796 per month in derivative Social Security disability benefits as the representative payee of the children based on David’s disability, 42 U.S.C. 402(d). Melinda argued these benefits should be treated as part of David’s income when calculating his monthly income for purposes of his support obligation. The court concluded the derivative benefits were the income of the children, not of David, so that the $796 in derivative disability benefits would partially satisfy David’s support obligation. The monthly benefits would be credited first toward his current child support, and any excess would be credited to pay off arrears. The court of appeal affirmed.
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