Legal Question in Family Law in California
In a civil action such as a Family law proceeding: Is a determination of disability by SSA (a person on SSI) considered prima facie and/or substantial evidence of a person not being able to work due to a disability?
1 Answer from Attorneys
As with most areas of law, that is not a black and white answer. There are shades of gray. I have seen judges discuss the issue and determine on a case by case basis, when someone receives SSI whether that person is able to pay child or spousal support. You would still need to go to court and argue other factors as to why income for support is not available.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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