Scarborough v. Scarborough

Melton, Justice.

We granted a discretionary appeal in this case to consider whether, in the absence of any provision in the parties’ settlement *428agreement and divorce decree incorporating the terms of that settlement, a non-custodial parent is entitled to a credit against his or her child support obligation for social security retirement benefits which become payable directly to his or her children at some time following the execution of the settlement agreement. For the reasons set forth below, we find that a non-custodial parent is entitled to a credit in this situation and reverse the…