Newman v. Newman

NEUMAN, Justice.

This appeal arises from a declaratory judgment action that posed one question: Should a custodial parent be required, on a theory of unjust enrichment, to pay restitution to a disabled noncustodial parent for social security dependent benefits which exceeded the amount of court-ordered child support? We think not, and therefore reverse the district court’s contrary ruling.

The facts giving rise to this controversy are not disputed. The marriage of Ralph and Cheryl Newman was dissolved in 1977. Cheryl was awarded custody of the parties’ sons, Ronald and Larry. Ralph was ordered…