In re the Marriage of Martin

Pierron, J.:

Robert James Martin appeals from district court’s denial of a motion to apply his retirement Social Security benefit payments in satisfaction of child support payments. We reverse and remand.

Robert and Ruth Ann Martin married on December 22, 1973. At the time of their marriage, Robert was 40 years old and Ruth Ann was 23 years old. Eight children were bom of the marriage.

Ruth Ann filed for divorce September 27, 1994, on grounds of incompatibility. Based upon the parties’ agreement, the district court granted Ruth Ann’s request for joint legal custody and primary physical custody…