Board v. Board

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed a judgment of the circuit court determining that the estate of a deceased father with support obligations was entitled to a credit on social security benefits paid for child support as a result of his death.

The issue is whether the trial court erred in crediting social security payments against child support and the underlying issue is whether a motion for modification pursuant to KRS 403.250 must be made prior to a crediting of social security against child support payments.

Pursuant to a property…