I receive public benefits. Can a portion of my public benefits be taken to pay for child support?

Yes. If you owe any child support payments (current and/or past, overdue payments), a portion of your public benefits payments can be automatically taken out to pay off your child support obligations. Your child support payments can be taken out of any benefits you receive except for General Assistance/General Relief (GA/GR) and SSI.[2584] That means your payments can be taken out of your unemployment, disability, workers compensation, veteran’s benefits, or any other benefits you earn.

However, if you are already receiving public assistance, the judge may decide that your income is too low to owe current child support payments.[2585] BUT—this only applies to current payments. Even if the judge decides that your income is too low for current payments, you will still owe any past, overdue child support payments that were due in the past. You should ask the judge for a payment plan that lets you to make small payments over time.[2586] Remember: The only way you can avoid paying past, overdue child support payments is (1) if your child support order was issued on or after July 1, 2011, and the payments were due while you were incarcerated for 90 days or more; OR (2) if you get a settlement agreement with the COAP program or other parent.

For more information on paying child support, you can talk to the court Family Law Facilitator, contact the LCSA, or visit the California Courts’ website on Paying a Child Support Order at http://www.courts.ca.gov/1197.htm.

  1. 2584

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:25 PM). ↑

  2. 2585

    You will still have to follow all the steps discussed above for responding to a child support request and/or changing a child support order, so that the judge can determine your income and child support obligations. ↑

  3. 2586

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:25 PM). ↑