In Re Marriage of Hopkins

Appellant Kern County Department of Child Support Services (the Department) levied on the bank account of Danny C. Hopkins, Jr. (Danny), and a third party, pursuant to Family Code section 17450 et seq., to satisfy child support arrearage. The trial court released the levy over the objections of the Department. We conclude that Danny was exempt from levy pursuant to section 17450, subdivision (c)(2) because his sole income was from Social Security disability insurance (SSDI) benefits. Thus, the trial court did not err and we will affirm the order.

FACTUAL AND PROCEDURAL SUMMARY

The facts are not disputed.

Danny was a noncustodial parent and obligated to pay $600 per month in child support. Danny’s sole income was from SSDI benefits. In December 2006, the Department obtained a wage assignment order requiring the Social Security Administration to withhold $750 per month for current and past due child support from the benefits due Danny.

In May 2007, the Department was notified that Danny’s children were receiving $742 per month from Social Security, an amount that was derived from Danny’s SSDI benefits, and which was paid to the custodial parent, Shannon Hopkins…