In Re Marriage of Bertrand

Plaintiff Mary E. Bertrand (wife) appeals from an order of the trial court declaring that Social Security benefits paid to the parties’ child by reason of the death of defendant James Gordon Bertrand (husband) satisfy husband’s ongoing child support obligation. Wife contends credit for such payments made on account of death is not authorized by Family Code section 4504, which expressly authorizes credit toward a noncustodial parent’s child support obligation for Social Security benefits paid for the support of the child “because of the retirement or disability of the noncustodial parent.” We agree and shall reverse.

Husband and wife were married on August 6, 1977. The marriage was dissolved January 7, 1991. One child was bom of the marriage. Under the terms of the dissolution, the parties received joint legal and shared physical custody of the child, with the child residing primarily with wife. Husband was ordered to pay monthly child support of $304.

Husband died November 19, 1992, and the child began receiving monthly Social Security payments of $768 on account of his death. The executor of defendant’s estate suspended child support payments. On April 15, 1993, citing…