Hieston v. State, Indiana Family & Social Services Administration Child Support Bureau

OPINION

VAIDIK, Judge.

Case Summary

Brown v. Brown, 849 N.E.2d 610 (Ind.2006), established a bright-line test for determining when Social Security disability payments should be credited toward a child support arrearage. Brown determined that a disabled parent is entitled to credit against the parent’s child support obligation for Social Security benefits paid to a child effective as to the date the parent files a petition to modify a support order. Accordingly, we find that Mother cannot receive credit for the lump sum payments of retroactive Social Security disability paid to her children for…