How does receiving Social Security disability income affect my child support obligations under California law?
Receiving Social Security Disability Income (SSDI) is considered income for calculating California child support. However, any separate benefit payment your child receives directly from the Social Security Administration (SSA) due to your disability will be credited toward your monthly support obligation.
Here's how to address this with the court:
Step 1: Immediately File to Modify Your Support Order
As soon as your disability is approved and you know your benefit amount, you must formally ask the court to change your child support order. You cannot stop or reduce payments without a new court order. File a Request for Order (Form FL-300) with the family court that issued your original order.
Step 2: Collect Your Social Security Award Letter
Contact the SSA and get your official benefits letter. This document is critical. It must show your personal monthly disability payment amount and the separate "derivative benefit" amount paid to your child on your Social Security record.
Step 3: Complete and Serve Financial Disclosures
Along with your Request for Order, you will need to fill out a new Income and Expense Declaration (Form FL-150). Attach your SSA award letter as proof of your new income. You must have these documents legally served on the other parent and the Local Child Support Agency (LCSA) if they are involved.
Step 4: Request the Credit at Your Court Hearing
At the hearing, explain to the judge that you receive SSDI and that your child receives a derivative benefit. The court will first calculate your guideline child support obligation using your SSDI amount as income. Then, under California Family Code Section 4504, the court will apply a dollar-for-dollar credit for the amount of the child's derivative benefit.
Important Details and Nuances:
If the derivative benefit your child receives is more than your calculated child support obligation, your monthly obligation is considered paid in full. If the benefit is less, you must pay the difference. For example, if your support obligation is $700 and the child’s benefit is $500, you are responsible for paying the other parent $200 per month.
Warnings and Limitations:
This process applies to SSDI, not Supplemental Security Income (SSI). SSI is a needs-based public assistance benefit and is not considered income for child support calculation in California. The credit is not automatic and does not apply retroactively; you must get a court order. Until you do, the previous child support order remains in effect, and you will accumulate arrears if you underpay.
This is general information and does not constitute legal advice. For complex situations, especially if you have significant arrears, you should consult with a qualified California family law attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Social Security
Benefits, disability claims, and retirement planning
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