Stultz v. Stultz

ON PETITION TO TRANSFER

SULLIVAN, Justice.

A non-custodial parent appeals the trial court's refusal to offset his child support obligation by the amount of Social Security retirement benefits paid directly to his children as a result of his retirement. We conclude that the trial court's decision was not clearly erroneous and, therefore, the noncustodial parent is not entitled to a credit.

Facts

Billy and Marikay Stultz were divorced on October 80, 1991. Pursuant to the Dissolution Decree, Mr. Stultz was ordered to pay child support in the amount of $261.00 per week. On December 31, 19983, Mr.…