August 2015

On August 20, 2015, the Kentucky Supreme Court issued a landmark decision for child support matters in the State of Kentucky.  The Court held that a parent paying child support is entitled to receive a dollar for dollar credit against his child support obligation for the amount that a child receives as a dependent from the social security retirement system.  In this case, the paying parent was receiving social security retirement.  The child support obligation was $775.00 per month.  The social security benefit paid to the child was $1256.00 per month.  The child support obligation was therefore less than the benefit received from the social security retirement dollars.  The Trial Court held, and the Kentucky Supreme Court affirmed that the Trial Court had discretion to give the credit, and terminate the child support obligation.  The paying parent was also permitted to recover the overpaid child support that covered the period when the support was being paid, and the retroactive benefit was also paid.  A refund from the other parent of $17,050 was ordered and upheld.

Ms. Walton represented the paying parent in the matter, CDG, at the Family Court level and continued to litigate the matter before the Kentucky Court of Appeals and Supreme Court.