September 2014 | 280 P.3d 234 (Kan.App. 2012)

In re Marriage of Taber (Kansas 2012)

Lump-sum Social Security disability insurance (SSDI) payments for back benefits received by mother on behalf of her minor child because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payments. Accordingly, he or she must be given credit to the extent the payments are contemporaneous with the support obligation. Gratuitous contributions from governmental agencies cannot be used to reduce or diminish a parent’s obligation to furnish child support. For any month in which the SSDI payment exceeds the amount a non-custodial parent owes for that month, the excess inures to the benefit child and must be regarded as “gratuities for the children.”

In re Marriage of Taber.pdf

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