Legal Opinion

Y.H. v. M.H.

California Court of Appeal, 5th District

Decided July 17, 2018No. D071859PublishedCited by 1 opinion

1Opinion of the CourtDato, J.

*302This appeal presents an issue of first impression in California. M.H. (Father), a child-support obligor, became disabled and applied for Social Security Disability Insurance (SSDI) for himself and his daughter. Family Code section 4504, subdivision (b) requires derivative benefits received by the child of a disabled parent to be credited against a noncustodial obligor's child support.1 In this case, the Social Security Administration (SSA) took six years to approve Father's application. In 2015, it made a lump-sum payment for past-due derivative benefits to custodial parent Y.H. (Mother), as…

2Cases cited17 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
  3. People v. MitchellCalifornia Supreme Court · 2001
  4. Moss v. Superior CourtCalifornia Supreme Court · 1998
  5. Department of Health and Rehabilitative Services, State of Florida, Plaintiff v. Rachel G. Davis, as Guardian of the Estate of Arthur Grady GlasscockCourt of Appeals for the Fifth Circuit · 1980

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3Cited by1 opinion

  1. Lak v. LakCalifornia Court of Appeal · 2020

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