My child receives derivative Social Security payments due to my disability, is that income for support?

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California parents who are disabled or retired often inquire into how their child’s derivative benefits impact child support.


In California, the receipt of benefits by a child, or someone else on the child’s behalf, from federal programs or agencies such as Social Security, the Railroad Retirement Act, or the Department of Veterans’ Affairs by reason of the support obligor’s disability or retirement may be credited toward the parent who pays child support (unless those amounts were taken into account in making the support order).
In 2014, a California appellate court held that a child’s derivative social security benefits do not constitute part of the parents income for the purposes of support. Marriage of Daugherty (2014).  

What this means is that if your child is receiving additional Social Security due to your own disability or retirement, the other parent will have a reduced amount of child support per month.

Contact me at amanda@gordonfamilylaw.com for more information.

Is sick leave considered community property?

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Many clients are surprised to learn what constitutes community property in a divorce.  Have you considered any of your spouses vacation and sick leave? While vacation leave may have some value, sick leave does not.  


Accrued and unused sick leave at the time of separation and prior to retirement is not community property. The community only has an interest in sick leave when the benefits are paid during marriage or upon retirement to the extent earned during marriage. [Marriage of Moore, supra, 226 CA4th at 106, 171 CR3d at 773]

Contact me at amanda@gordonfamilylaw.com for more information.

Will the fact that my employer offers perks like meals, per diem, and gym memberships impact the amount of child support I pay?

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Yes. Under Marriage of Schulze, employer perks are income available for support to the extent that they reduce a person’s living expenses.   For example, in California the use of a company car and company condo at below market rate was taken into consideration when awarding support.  However, there are some limitations on this rule as it does not encompass rent free housing outside of the employment benefits context.

Contact me at amanda@gordonfamilylaw.com for more information.