Will my partner on EDD disability still need to pay child support in California?

ya he still has to pay, disability income counts as income for child support. my cousin went thru this last year

Child support obligations don't automatically stop when someone goes on disability. In California, SDI benefits are considered income for child support calculations, but he might qualify for a temporary modification based on the reduced income. He needs to file a request with the court that issued the original support order ASAP - this won't happen automatically. The court can adjust the amount while he's on disability based on his current income. Important: any modification usually only applies from the date he files the request, not from when he started disability. So he should do this immediately to avoid falling behind. EDD doesn't automatically deduct child support from SDI payments unless there's already a wage garnishment order in place from before.

The previous commenter is correct. A few additional points: 1. Your partner should contact the local child support agency (LCSA) handling his case immediately 2. He'll need to provide documentation of his SDI claim approval and benefit amount 3. The modification process can take time, so do it ASAP 4. Keep paying whatever amount he can afford in the meantime to show good faith 5. If there's already a wage garnishment in place, he should contact EDD directly to find out if it will continue with his disability payments Many people can handle the modification without a lawyer by using court self-help centers. The process is designed to be accessible.

I WENT THROUGH THIS EXACT NIGHTMARE LAST YEAR!!! The system is completely rigged against people on disability. I broke my leg in 3 places and couldn't work for 4 months. My disability was like 65% of my regular pay but guess what? They still garnished the FULL amount of child support! I literally couldn't pay my rent and almost got evicted. The courts move SO SLOW on modifications and by the time they approved mine, I was already back at work. Total waste of time. The whole system is broken. Your partner better start looking for help from family or he's gonna be in major financial trouble.

I had to call EDD about 20 times when I was trying to sort out a similar situation with my disability payments and child support last year. It was nearly impossible to get through on their regular lines. Finally I found a service called Claimyr that got me connected to an actual EDD representative in about 20 minutes. Saved me so much frustration! They have a video showing how it works at https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd and their website is claimyr.com if you need to talk to someone at EDD about how the child support garnishment works with disability payments.

something nobody mentioned yet is that if your partner has any STATE DISABILITY INSURANCE (SDI) taken out of his regular paychecks, that's what funds the disability payments, so technically it's HIS money that he already paid into the system. but for legal purposes its still considered income just like unemployment is. child support is always calculated based on total income no matter where it comes from.

When my husband was on disability we just called his ex directly and explained the situation. They worked out a temporary reduced payment between themselves until he went back to work. Much faster than going through courts but obviously depends on if they have a decent relationship...

To address your follow-up question about handling the modification without a lawyer: Yes, this is definitely something many people do themselves. California courts have self-help centers specifically for family law matters including child support modifications. Here's what your partner needs: 1. Form FL-300 (Request for Order) 2. Form FL-150 (Income and Expense Declaration) 3. His EDD disability award letter showing benefit amount 4. Documentation of his pre-disability income 5. A written explanation of the change in circumstances Many counties offer workshops to help fill out these forms correctly. The court filing fee is around $85-95, but he can request a fee waiver if his financial situation qualifies.

One last important point: any modification will be temporary while he's on disability. Once he returns to his regular income, the original child support amount will likely be reinstated. Make sure he understands this is not a permanent reduction. He'll need to notify the court when he returns to work, or the other parent could request a review at that time.

I'm going through something similar right now with my boyfriend who's on temporary disability. One thing that really helped us was contacting the Department of Child Support Services (DCSS) directly - they were actually more helpful than I expected. They explained that while the support obligation continues, they can sometimes work with you on payment arrangements during periods of reduced income from disability. Also, make sure your partner keeps detailed records of all his disability payments and any partial payments he makes. If he can't pay the full amount, paying whatever he can afford shows the court he's making good faith efforts to meet his obligations. This can be really important if there are any enforcement actions later. The stress of this situation is real - I totally understand how overwhelming it feels when you're already dealing with a medical recovery. Hang in there!

I just wanted to add that timing is really crucial here. I made the mistake of waiting too long to file for my modification when I went on disability, and it created a huge mess. The arrears kept building up even though I was earning way less, and it took months to sort out. Also, if your partner's case is handled through the county child support office rather than directly through the courts, they might have different procedures. Some counties have streamlined processes for disability-related modifications. It's worth calling to ask about their specific requirements. One more tip: if he's getting any other benefits like workers' comp or social security disability in addition to SDI, make sure to include all of that information in the modification request. The court needs to see the complete financial picture. Hope his recovery goes smoothly and you can get this sorted out quickly!