Friday, June 30, 2006

Case Law Development: Indiana Supreme Court Joins States Allowing Child Support Credit for Social Security Disability Payments

The Indiana Supreme court, in a case of first impression, holds that a disabled parent is entitled to have Social Security disability benefits paid to a child because of that parent's disability credited against their child support obligations.  The court contrasted its holding with that of its prior determination that Social Security retirement benefits paid to children as a result of a parent's retirement need not be credited to the parent's child support, finding that payments made on behalf of a Social Security disability recipient present a stronger case for allowing a credit than a retirement recipient. "Disability impacts a parent's earning capacity and, therefore, a child's standard of living, in a fundamentally different way than does retirement. The trial court is in the best position to assess the impact of retirement in any particular case."

Brown v. Brown, 2006 Ind. LEXIS 560 (June 29, 2006)
Opinion on the web (last visited June 30, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/06/case_law_develo_34.html

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