Graby v. Graby

OPINION OF THE COURT

Lawton, J.

This appeal considers for the first time since the enactment of the Child Support Standards Act (Family Ct Act § 413) the question whether Social Security disability benefits paid to a disabled parent’s children are a credit against the disabled parent’s child support obligation. Although the order is not appealable as of right (see, Family Ct Act § 439 [e]), because a question of first impression is involved, permission to appeal is granted sua sponte (see, Family Ct Act § 1112 [a]).

The facts are not in dispute. Petitioner Kenneth N. Graby and respondent Janet…