Marr. of Daugherty

California Court of Appeal Dec 18, 2014 No. A138872MPublished

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Holding. The court held that derivative Social Security disability benefits paid to children based on a parent's disability are the property of the children, not the parent, and therefore should not be included in the parent's gross income for child support calculations.

Issues

Whether derivative Social Security disability benefits received by children on behalf of a disabled parent constitute the parent's income under Family Code section 4058.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We conclude the trial court correctly omitted the children’s derivative Social Security disability benefits in its calculation of David’s income.”

“Every type of income specified by section 4058, subdivision[] (a) . . . is money actually received by the support-paying parent . . . .”

“Social Security disability benefits awarded to a disabled person’s dependents “are deemed to be the property of the wife or child.””

Filed 12/18/14 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re the Marriage of MELINDA and DAVID DAUGHERTY.

MELINDA DAUGHERTY,

Appellant, A138872 v.

DAVID DAUGHERTY, (Napa County

Respondent. Super. Ct. No. 26-28036)

NAPA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES,

Respondent.

THE COURT:

The opinion filed herein on December 15, 2014 is ordered modified as follows. First, the caption is modified to add “In re the Marriage of MELINDA and DAVID DAUGHERTY.”

Second, the attorney page is modified to add the name and title, “Catherine Ongiri, Deputy Attorney General” to the final listing. The full paragraph should now read:

Kamala D. Harris, Attorney General of California, Julie Weng-Gutierrez, Senior Assistant Attorney General, Linda M. Gonzalez, Supervising Deputy Attorney General, Catherine Ongiri, Deputy Attorney General, and Sharon Quinn, Deputy Attorney General, for Respondent.

Dated: ___________________ Signed: _______________________

Filed 12/15/14 (unmodified version) CERTIFIED FOR PUBLICATION

Marr. of Daugherty

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CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

MELINDA DAUGHERTY,

NAPA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES,

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

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