The Kentucky Court of Appeals recently vacated a decision of the Jefferson Family Court allowing a retired father to claim a credit against his child support obligation for benefits paid to the child as a result of the father's retirement. The Court further found it was error for the trial court to order that the payor be reimbursed for child support overpayment from the child's retroactive, lump sum benefit.
In the case of N.J.S. v. C.D.G. the trial court analyzed the issue in light of KRS 403.211(15) which allows that money received by a child as a result of a parental disability shall be credited against the support obligation of the parent. The Court of Appeals reviewed statutes similar to Kentucky's from Utah, California and Washington and noted that those statutes specifically included benefits received by the child as a result of the parent's retirement in addition to the parent's disability. The fact that retirement benefits were omitted from Kentucky's statute was taken as significant by the Court and could not be ignored. Nevertheless, the Court along with the concurring opinion of Justice Nickell called upon the legislature to scrutinize this issue and possibly revise the statute to include retirement benefits in as well as disability payments.
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Labels: child support, disability, divorce, divorce lawyer, family law, kentucky, retirement, Social Security