PAYMENTS MADE BY THE FEDERAL GOVERNMENT
FOR THE SUPPORT OF A CHILD
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PAYMENTS MADE BY THE FEDERAL GOVERNMENT
FOR THE SUPPORT OF A CHILD
MCLE Self-Assessment Test
PAYMENTS MADE BY THE FEDERAL GOVERNMENT
FOR THE SUPPORT OF A CHILD
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1.Absent state statutory authority, a child's insurance benefits, also known as derivative benefits, received due to the child's parent receiving old-age or disability insurance benefits are not considered child support payments from the parent ordered to pay support for the child.
True False
2.In 1996, section 4504 allowed for payments made for support of the child from the federal government pursuant to the Social Security Act or Railroad Retirement Act that were paid because of the retirement or disability of the NCP received by the custodial parent to be credited toward current support unless the payments were taken into consideration by the court in determining the amount of support to be paid.
True False
3.In 1996, an annuity paid to the custodial parent for the child of a deceased NCP pursuant to the Railroad Retirement Act of 1974 should be credited toward child support pursuant to section 4504.
True False
4.If, in 1996, the minor child resided with his grandmother, the child's insurance benefits received by the grandmother could be applied to current child support.
True False
5.In 1996, section 4504 allowed for credit toward current support for payments made for the support of the child from the federal government pursuant to payments from the Department of Veterans Affairs.
True False
6.In 1996, if the custodial parent received a lump sum payment for the child's insurance benefits for 1995 and 1996, the entire amount of the lump sum payment would be credited toward current support and any arrears due.
True False
7.If the custodial parent or other child support obligee received a lump sum payment for the child's insurance benefit for the months of December 1996 and January 1997, the child support obligation would be credited for both months.
True False
8.Child's insurance benefits paid from the Department of Veterans Affairs were allowed to be credited toward current support effective January 1, 2002.
True False
9.Effective January 1, 2002, if the minor child is eligible to receive a child's insurance benefits and the custodial parent or child support obligee refused to apply for said benefits, the NCP will receive credit toward child support as if the benefits were actually being paid.
True False
10.Between January 1, 1997 and December 31, 2004, a child's monthly insurance benefits and lump sum benefits could be applied to current support and arrears.
True False
11.In 2004, child support arrears were considered a money judgment, as set forth in CCP 695.221, that could be satisfied with benefits paid that exceeded the currently monthly child support amount.
True False
12.If, in March 2005, the CP or CSO receives a child's monthly insurance benefit that exceeds the current support amount, the excess amount is applied toward arrears.
True False
13.In March 2005, the CP or CSO received a child's monthly insurance benefit of $500. Current child support was $250.00 and the NCP owed $5,000 in principal arrears and $2,000 in interest arrears. After $250 is applied to the current child support amount, the remaining $250 is applied toward the $5,000 principal arrears.
True False
14.CCP 695.221 was amended, effective January 1, 2009 to provide for the child's insurance benefits to be credited toward current child support, then any excess would be applied toward principal arrears first and then interest arrears.
True False
15.The second version of CCP 695.221 was developed to coincide with the implementation of the California Child Support Automated System.
True False
16.If the CP or CSO received a lump sum payment for a child's insurance benefits for the months of January, February and March 2005, pursuant to the California Department of Child Support Services' CSS Letter 05-13, the amended section 4504 provided that any lump sum child's insurance benefits received were to be credited for each month for which the lump sum payment was made.
True False
17.The NCP has a current child support obligation of $150 per month and IV-A arrears balance of $2,000. CP begins receiving a child's insurance benefit on June 1, 2005 in the amount of $300 per month. After crediting $150 toward the current support obligation, the remaining $150 is credited to the IV-A arrears balance.
True False
18.The NCP has a current child support obligation of $150 per month and non-IV-A arrears, of which $2,000 is principal and $500 is interest. CP began receiving a child's insurance benefit on June 1, 2005 in the amount of $300 per month. NCP will be credited $150 toward current child support due in June 2005 and $150 toward interest arrears.
True False
19.The NCP has a current child support obligation of $150 per month with no child support arrears and spousal support arrears of $5,000 plus interest. CP begins receiving a child's insurance benefit on June 1, 2012, in the amount of $300. NCP will only receive credit toward the current child support obligation.
True False
20.The NCP has a current child support obligation of $150 per month with no child support arrears. The child's insurance benefit received by the CP or CSO is for $300 per month. CSS Letter 11-12 requires that the entire benefit payment is to be credited, even if it results in NCP having an overpayment of support.
True False
PAYMENTS MADE BY THE FEDERAL GOVERNMENT
FOR THE SUPPORT OF A CHILD
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