Legal Question in Family Law in California
Child Support vs. Social Security benefits
I went to court last year and was awarared $300 monthly for child support. The amount was based on the fact that my son's father is ill and not able to work at this time. At the time he didn't want to pay anything and asked the court to wait unitl my son's social security benefits [$258] kicked in. The judge believed at that time that he could afford to pay the $300 based on his monthly benefit amount. Since my son now recieves a check from social security, my son's father only has to cover the difference and pay $42 a month. My question is can I take him back to court to ask him to pay a higher amount since it seems unfair to that only $42 dollars is coming out of actual income and the state is paying the rest. I'm a single parent struggling to provide for my child and I think that the father can afford more than $42 a month. However, legally I'm not sure if I even have a chance.
1 Answer from Attorneys
Re: Child Support vs. Social Security benefits
Before you ask for a modification you should run a computer program (also called a Dissomaster) based upon his social security benefits and your current income. You may be getting $42 more than you would if it were recalculated.
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