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HomeFamily CodeDiv. 9Pt. 5Ch. 1§ 4504 Federal Benefits Verification Duty

§ 4504 Federal Benefits Verification Duty

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4504 Federal Benefits Verification Duty

This law says that if a parent who doesn't live with their child gets money from the government because they're retired or disabled, the parent who does live with the child must apply for benefits for the child. If they don't, the other parent gets a break on their child support payments.

Key Takeaways

  • •If a parent who doesn't live with their child gets government money for being retired or disabled, the other parent must apply for benefits for the child.
  • •If the parent living with the child doesn't apply for these benefits, the other parent gets a break on their child support payments.
  • •The break on child support payments is equal to the amount the child would have received from the government.
  • •This break lasts until the child is no longer eligible for the benefits or the child support order ends.

Example

A dad who doesn't live with his kid gets disability money from the government. He tells the mom about it.

The mom has to apply for benefits for the kid. If she doesn't, the dad doesn't have to pay as much child support that month.

How to Calculate

Credit = Amount child would have received from federal benefits

  1. Find out how much money the child would get from the government because the other parent is disabled or retired.
  2. If the parent living with the child doesn't apply for these benefits, the other parent gets to pay less child support by that amount.
  3. This credit lasts until the child is no longer eligible for the benefits or the child support order ends.

A noncustodial parent is receiving disability benefits from the government. The child is eligible to receive $300 per month because of the parent's disability. The custodial parent refuses to apply for these benefits.

Result: The noncustodial parent's child support payment is reduced by $300, so they only have to pay $200 that month.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4504 Federal Benefits Verification Duty

(a) If the noncustodial parent is receiving payments from the federal government pursuant to the Social Security Act or Railroad Retirement Act, or from the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and the noncustodial parent notifies the custodial person, or notifies the local child support agency in a case being enforced by the local child support agency pursuant to Title IV-D of the Social Security Act, then the custodial parent or other child support obligee shall contact the appropriate federal agency within 30 days of receiving notification that the noncustodial parent is receiving those payments to verify eligibility for each child to receive payments from the federal government because of the disability of the noncustodial parent. If the child is potentially eligible for those payments, the custodial parent or other child support obligee shall apply for and cooperate with the appropriate federal agency for the receipt of those benefits on behalf of each child. The noncustodial parent shall cooperate with the custodial parent or other child support obligee in making that application and shall provide any information necessary to complete the application. (b) If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act, or by the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and received by the custodial parent or other child support obligee shall be credited toward the amount ordered by the court to be paid by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid. Any payments shall be credited in the order set forth in Section 695.221 of the Code of Civil Procedure. (c) If the custodial parent or other child support obligee refuses to apply for those benefits or fails to cooperate with the appropriate federal agency in completing the application but the child or children otherwise are eligible to receive those benefits, the noncustodial parent shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child or children in the amount of payment that the child or children would have received that month had the custodial parent or other child support obligee completed an application for the benefits if the noncustodial parent provides evidence to the local child support agency indicating the amount the child or children would have received. The credit for those payments shall continue until the child or children would no longer be eligible for those benefits or the order for child support for the child or children is no longer in effect, whichever occurs first. (Amended by Stats. 2004, Ch. 305, Sec. 4. Effective January 1, 2005.)

Last verified: January 9, 2026

Key Terms

retirementdisabilityconsiderationbenefitsportroadsocial security actveterans affairs

Related Statutes

  • § 17400 Child Support Agency Duties
  • § 20043 Santa Clara Court Savings Pilot
  • § 17305 Child Support Agency Transition
  • § 20000 Child Spousal Support System
  • § 7541 Genetic Parentage Challenge Time Limit

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 4504.
View Official Source