Legal Opinion

In Re the Estate of Hicks

Montana Supreme Court

Decided April 19, 2011No. DA 10-0459Published

1Opinion of the CourtChief Justice McGRATH

¶1 The Estate of Everett Hicks, appeals an order of the First Judicial District Court, Broadwater County, ordering the Estate to pay all outstanding child support without any offset for Social Security death benefits received by Hicks’ minor children. We affirm.

ISSUE

¶2 The only issue on appeal is whether the District Court correctly concluded that the terms of the amended parenting plan prevented the Estate from receiving a credit towards the Estate’s child support obligation.

BACKGROUND

¶3 Hicks died in December 2007. At that time, he was divorced from his first wife, Melissa Thompson. During…

2Cases cited9 opinions

  1. In Re the Marriage of MeaseMontana Supreme Court · 2004
  2. In Re Marriage of CowanMontana Supreme Court · 1996
  3. In Re the Marriage of DurbinMontana Supreme Court · 1991
  4. In Re the Marriage of RolfMontana Supreme Court · 2000
  5. Tacke v. Energy West, Inc.Montana Supreme Court · 2010

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