The Kentucky Supreme Court has issued an unpublished opinion holding that "Social Security benefits received by a child as a result of a parent’s disability—unlike other types of benefits, such as SSI—are not the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.
Astrip is a reported decision that says the same thing: http://caselaw.findlaw.com/ky-supreme-court/1519737.html
ReplyDeleteIt 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.