Elsenheimer

This appeal arises out of an order reducing the amount of child support to be paid by the noncustodial parent based on the custodial parent’s receipt of Supplemental Security Income (SSI) benefits. The question presented by the Orange County Department of Child Support Services (DCSS), which intervened below, appears to be one of first impression: Whether income derived from SSI payments must be excluded from the calculation of a parent’s annual gross income under the exception set forth in Family Code section 4058, subdivision (c). This provision states, “Annual gross income does not include . . . income derived from any public assistance program, eligibility for which is based on a determination of need.” We conclude that income derived from SSI payments falls within this exception. We therefore reverse the order and remand the matter for the court to recalculate the amount of child support to be paid by the noncustodial parent.

FACTS

John Elsenheimer (father) and Sally Elsenheimer (mother) divorced in 1997; mother presently has custody of their two children 51 percent of the time. Mother is unemployed due to a disability and receives SSI benefits in the amount of…