Daugherty v. Daugherty

Melinda Daugherty appeals an order of the trial court modifying the child support paid by David Daugherty. She contends the court miscalculated David’s support obligation by failing to include in his income derivative Social Security disability benefits Melinda receives on behalf of their children — benefits they are entitled to because of David’s disability. We shall affirm the order.

L BACKGROUND

David and Melinda’s two children lived with Melinda, and David paid child support. The Napa County Department of Child Support Services filed a motion to modify David’s child support obligation. (Fam. Code, § 17400 et seq.)

After a hearing, the court found that David’s income, for purposes of calculating child support, was the monthly Social Security disability payment he received. The court then ordered him to pay a portion of that to Melinda as child support. The court also found Melinda received $796 per month in derivative Social Security disability benefits as the representative payee of the children based on David’s disability. ( 42 U.S.C. § 402 (d).) Melinda argued these benefits should be treated as part of David’s income when calculating his monthly income for…