Robinson
Robinson v. Robinson
Opinion
Lead Opinion
Raye, J.
*95 Opinion
Appellant John Scott Robinson III, appeals from a judgment entered after the trial court granted Shasta County’s motion to establish child support arrears. 1 Appellant contends the trial court erred in finding his arrearages could not be reduced by his son’s receipt of Social Security disability child’s insurance benefits. He also contends the motion to establish arrears is an impermissible effort to retroactively modify support. We shall affirm the judgment.
Facts
We recite only those facts material to resolution of the issues on appeal. In April 1984 appellant was ordered to pay $150 per month in child support for his minor son, Micah. Appellant missed payments, and arrearages accumulated. In January 1994 the order was modified to reduce appellant’s support obligation to $100 per month, plus $75 per month toward payment of arrearages.
In 1993 appellant was found to be disabled, and Micah began receiving “child’s insurance benefits” from the Social Security Administration in January 1994. ( 42 U.S.C. § 402 (d).) These monthly payments were larger than the monthly amount of child support appellant was obligated to pay. Pursuant to Family Code section 4504, the…