The Law Office of Kurt H King

January 24, 2012

Credit Given Against Child Support for Social Security due to Disability of Non-Custodial Parent

Filed under: Family Law,Support — kurthking @ 10:10 pm
Tags: ,

Is a disabled non-custodial parent with the duty to pay child support entitled to a credit for Social Security paid “to” the child due to the disability of that non-custodial parent?  Yes in Missouri.

In Wallace v. Wallace, the court of appeals dealt with a situation where mother had residential custody and the disabled father owed child support.  Their minor child received Social Security due to the father’s disability.  The court ruled that the Social Security disability paid to the child should be credited against the amount of child support owed by the father.  269 S.W.3d at 479-81, headnote 4 (Mo. Ct. App. E.D. 2008).  In so ruling, the court of appeals followed the earlier Missouri Supreme Court decision in Weaks v. Weaks, 821 S.W.2d 503, 506 (1991).

So, the child’s Social Security disability received due to disability of the non-custodial parent reduces the non-custodial parent’s child support obligation. 

However, this credit does not apply if the Social Security is paid to the child due to the custodial parent’s disability.  (See Adams v. Adams, 108 S.W.3d 821, 830 (Mo. Ct. App. W.D. 2003)

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

816.781.6000

Family Law, Child Custody & Support, Divorce & Modification, Paternity

Bankruptcy, Personal Injury, Workers’ Compensation

www.kurthking.com

 

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