“Can My Disability Income Be Used To Calculate Child Support?”

The answer to this question depends on one factor: is the disability income coming from a private company (such as a work-based disability program or private insurance) or a need-based public benefit, such as social security disability?

California Family Code Section 4058 outlines what is income for child support, and it includes section (a) (1) which reads that income includes:

“(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.”

This is a very broad definition of income. However, there is an exclusion in section (c) of section 4058, which states that this does not include income derived from child support payments or income derived from need-based public assistance. The legislature has determined that such payments are based on need, which is essentially subsistence level, and cannot be used for child support.

So when figuring out whether or not to include disability payments, start first with the source of the payments, and that will give you your answer.

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.

NOTICE: This blog and all materials on our website constitute advertisement materials, and the promulgation of such materials is meant for the residents of the State of California only. The attorneys and this firm do not practice law in any other state. In addition, the promulgation of these articles does not in any way create an attorney-client relationship and any inquiries and information you may send to the attorneys should be general and not specific, as it is not confidential.