C.D.G. v. N.J.S.
Annotate this CaseThe trial court in this case ordered that Father get a dollar-for-dollar credit against his monthly child support obligation for any monies his dependent child received as a result of Father’s Social Security retirement benefits. In reaching this result, the court concluded that the Social Security retirement benefits should be treated no differently than disability benefits are treated under Ky. Rev. Stat. 403.211(15), which expressly allows a credit for disability payments but says nothing about retirement benefits. The court of appeals reversed, holding that Father was not entitled to a credit under section 403.211(15), and because he was not entitled to a credit, he was also not entitled to recoup any previous support payments. The Supreme Court reversed the court of appeals and reinstated the order of the circuit court, holding that the trial court (1) did not abuse its discretion under the circumstances of this case in awarding Father a credit against his child-support obligation for Social Security retirement benefits paid to the child; and (2) did not violate the no-recoupment rule by ordering Mother to reimburse Father for support payments made during the period in which the child was eligible for Social Security benefits that were later paid as a lump sum.
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