Legal Opinion · Dissent

In re the Matter of: Dakota County, Lorinda Elaine Floding, Below v. Darrell Ray Gillespie

Supreme Court of Minnesota

Decided July 22, 2015No. A13-1240Published

1DissentPage, Justice

I agree with the court’s opinion up to Part II.B. At that point, the court’s opinion goes off the rails. The court asserts that in County of Grant v. Koser, 809 N.W.2d 237, 244 (Minn.App.2012), the court of appeals “misinterpreted the child support statutes” because “[sjections 518A.34(f) and .31(c) are not independent mechanisms to offset an existing obligation by derivative Social Security benefits or to give credit for benefits received in excess of a newly modified order.” Instead, the court concludes that, because “derivative Social Security benefits are an integral part of the…

2Cases cited4 opinions

  1. In Re Marriage of CowanMontana Supreme Court · 1996
  2. In Re Marriage of HenryIllinois Supreme Court · 1993
  3. County of Grant v. KoserCourt of Appeals of Minnesota · 2012
  4. Crago v. DonovanSouth Dakota Supreme Court · 1999

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