Rosenberg v. Merida

This appeal from a modification judgment (judgment) of the Probate and Family Court is a case of first impression in the Commonwealth and raises the issue whether a non*183custodial spouse who is receiving disability income benefits from the Social Security Administration should receive a credit against his child support obligation for the benefits paid by the Social Security Administration to his minor children as a result of his disability. We conclude that the noncustodial spouse should receive such a credit. However, because there are insufficient findings relating to the amount of the…