C.D.G. v. N.J.S.

OPINION OF THE COURT BY JUSTICE NOBLE

The main issue in this case is whether a parent may be given a dollar-for-dollar credit for Social Security retirement dependent benefits against a child-support obligation in light of KRS 403.211(15), which expressly allows such a credit for disability payments but says nothing about retirement benefits. The secondary issue, if such credits are proper, is whether the trial court can apply the credit retrospectively when a lump-sum payment for past benefits is paid for the child. The Court of Appeals concluded that such credits are improper. This Court…