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California Family Code 4504 - (a) If the noncustodial parent is receiving payments from the...

   (a) If the noncustodial parent is receiving payments from the
federal government pursuant to the Social Security Act or Railroad
Retirement Act, or from the Department of Veterans Affairs because of
the retirement or disability of the noncustodial parent and the
noncustodial parent notifies the custodial person, or notifies the
local child support agency in a case being enforced by the local
child support agency pursuant to Title IV-D of the Social Security
Act, then the custodial parent or other child support obligee shall
contact the appropriate federal agency within 30 days of receiving
notification that the noncustodial parent is receiving those payments
to verify eligibility for each child to receive payments from the
federal government because of the disability of the noncustodial
parent. If the child is potentially eligible for those payments, the
custodial parent or other child support obligee shall apply for and
cooperate with the appropriate federal agency for the receipt of
those benefits on behalf of each child. The noncustodial parent shall
cooperate with the custodial parent or other child support obligee
in making that application and shall provide any information
necessary to complete the application.
(b) 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, or by the Department of Veterans Affairs because of
the retirement or disability of the noncustodial parent and received
by the custodial parent or other child support obligee shall be
credited toward the amount ordered by the court to be paid 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. Any payments shall
be credited in the order set forth in Section 695.221 of the Code of
Civil Procedure.
(c) If the custodial parent or other child support obligee refuses
to apply for those benefits or fails to cooperate with the
appropriate federal agency in completing the application but the
child or children otherwise are eligible to receive those benefits,
the noncustodial parent 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 or children in the amount of payment that the
child or children would have received that month had the custodial
parent or other child support obligee completed an application for
the benefits if the noncustodial parent provides evidence to the
local child support agency indicating the amount the child or
children would have received. The credit for those payments shall
continue until the child or children would no longer be eligible for
those benefits or the order for child support for the child or
children is no longer in effect, whichever occurs first.
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Los Angeles Full Service Law Firm

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New Mexico General Law Practice

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Practice Areas: Family Law, Divorce
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