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Aug 28, 2011

Kentucky Supreme Count Holds That Child Benefits Do Not Reduce Child Support Obligation

The Kentucky Supreme Court has issued an unpublished opinion holding that "Social Security benefits received by a child as a result of a parent’s disability—unlike other types of benefits, such as SSI—are not the type of “independent financial resources” that would permit a deviation from the child support guidelines ..." This question comes up fairly frequently around the country. There are fewer published opinions on this than one would expect.

1 comment:

  1. Astrip is a reported decision that says the same thing: http://caselaw.findlaw.com/ky-supreme-court/1519737.html

    It is important to note that these cases stand for the narrow proposition that a non-custodial parent is not entitled to modify a child support order due to disability benefits received on the custodial parent's record. In the more common reverse situation (the children receive benefits on the non-custodial parent's record) the Ky statute specifically allows for a credit.

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