Robinson v. Robinson

[95]Opinion

RAYE, Acting P. J. Appellant John Scott Robinson III, appeals from a judgment entered after the trial court granted Shasta County’s motion to establish child support arrears.1 Appellant contends the trial court erred in finding his arrearages could not be reduced by his son’s receipt of Social Security disability child’s insurance benefits. He also contends the motion to establish arrears is an impermissible effort to retroactively modify support. We shall affirm the judgment.

Facts

We recite only those facts material to resolution of the issues on appeal. In April 1984 appellant was ordered to pay $150 per month in child support for his minor son, Micah. Appellant missed payments, and arrearages accumulated. In January 1994 the order was modified to reduce appellant’s support obligation to $100 per month, plus $75 per month toward payment of arrearages.

In 1993 appellant was found to be disabled, and Micah began receiving “child’s insurance benefits” from the Social Security Administration in January 1994. (42 U.S.C. § 402(d).) These monthly payments were larger than the monthly amount of child support appellant was obligated to pay. Pursuant to Family Code section 4504, the county credited each Social Security payment against the child support payment due that month, but the difference was not credited to support arrearages.

In July 1995 the county filed a declaration in support of its request for a writ of execution, averring that appellant then owed $5,863.52 in .arrearages, exclusive of interest. The clerk of the court issued the writ, and appellant’s bank account was levied to satisfy those arrearages. In July 1996 the county filed the subject motion to establish arrears, alleging arrears were then owed in the amount of $4,084.56, including interest, for the period of April 1984 to October 1995. The court granted the motion, finding Family Code section 4504 to be dispositive.

[96]Discussion

I.

Appellant contends the benefits paid to Micah by Social Security, to the extent they exceed appellant’s monthly support obligation, should be credited against his support arrearages. Family Code section 4504 provides: “If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act because of the retirement or disability of the noncustodial parent and transmitted to the custodial parent or other child support obligee each month shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid. If a lump-sum payment which represents payments for more than one month is transmitted to the custodial parent or other child support obligee, credit shall be given for each month for which the lump-sum payment was made.” (Italics added.)