Cflr Dissomaster

September 2018 Failing to give Dad credit would result in impermissible windfall to Mom and child.. In affirmance, Fourth District holds that Dad is entitled to retroactive child support credit from child’s lump-sum catch-up payment of derivative SSDI benefits against his child support payments even though there were no child support arrearages Y.H. (San Diego County Dept. Of Child Support Services) (July 17, 2018) California Court of Appeal 4 Civil D071859 (Div 1) 25 Cal.App.5 th 300, 235 Cal.Rptr.3d 663, 2018 FA 1847, per Dato, J (Haller, Acting PJ and Irion, J, concurring). For DCSS: Deputy Attorney General Marina Soto, (916) 210-7912. For Dad: Bruce Beals, CFLS, (619) 321-6611, and Debra Scott, (619) 405-2572. CFLP §E.34.3.

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Mother (Y.H.) and Father (M.H.) were married in 2001; their daughter (C) was born in 2002. The couple separated in 2003 and began disso proceedings, which they settled by a stipulated MSA. The MSA provided that the parents would have joint legal custody of C, Y.H. Would have sole physical custody, and M.H.

Php. Would pay guideline child support. In 2004, M.H. Was honorably discharged from the U.S.

Marine Corps and was found to be permanently disabled from injuries he suffered in combat in Iraq. Accordingly, he “[a]t some point” began receiving VA disability benefits. In February 2006, Y.H. Asked the San Diego County Dept of Child Support Services (DCSS) to enforce M.H.’s child support obligation. As of March 2007, his child support obligation was $359 per month. In 2011, DCSS moved to modify child support. Filed an I&E declaration, showing that his sole means of support was his $2,870 per month VA disability benefit.

Y.H.’s declaration stated that she was currently unemployed and finishing her last year of college. The trial court increased M.H.’s child support payments to $719 per month, effective September 1, 2012. Meanwhile, M.H. Had applied for SSDI benefits for himself and for SSDI derivative benefits for C. For the next six years, M.H. Waited to see if his application was approved and faithfully paid his child support. On June 29, 2015, SSA finally approved M.H.’s application, determined that his benefits were effective on June 1, 2009, and calculated that he was entitled to a lump-sum payment of $78,057 in accrued past-due benefits, plus $1,800 per month in SDDI benefits.

After withholding $19,514 from the lump-sum payment for attorney’s fees, SSA sent M.H. A check for $61,121. SSA also notified Y.H. That she would be C’s representative payee for the child’s SSDI derivative benefits, which would be $596 per month beginning in July 2015.

Also received a lump-sum check for $41,384, representing past-due benefits that accrued while M.H.’s application was pending. Neglected to notify DCSS that she was receiving the SSDI benefits “[f]or some months” during which SSA was withholding $544 from M.H.’s monthly SSDI benefits. At some point, DCSS began crediting C’s $589 monthly SSDI benefits against M.H.’s child support obligation. In March 2016, DCSS began withholding $123 per month from M.H.’s SSDI and credited him with his overpayments during the past 9 months. Subsequently filed an RFO, seeking a DCSS audit of all of the child support payments he had made and a credit for the lump-sum SSDI payment made to Y.H.

On C’s behalf. When discovery requests regarding the amount of C’s monthly benefit and lump-sum payment went unanswered, M.H.

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Filed a motion to compel. At the hearing on that motion, the trial court learned that M.H. Had obtained the information by subpoena to the SSA and imposed discovery sanctions of $2,500 on Y.H. At the same time, the lower court allowed DCSS to be heard on the issues, and heard DCSS’s contention that Fam C §4504(b) did not permit a credit for the lump-sum payment because it permitted only credit for current payments or for any arrearages, of which there were none here.