Pinnacol v. Laughlin (Colorado)
For child support funds to be exempt from garnishment, the account into which they are deposited must comply with the provisions of the Colorado Uniform Transfer to Minors Act. When social security funds are comingled with other money, only the amount of funds that is clearly traceable to social security is exempt from garnishment. The parent in this case was awarded Social Security Disability. His employer had provided temporary disability during the award period and sought reimbursement. When the judgment wasn’t paid, the employer began garnishment proceedings. The parent argued his funds were exempt.
Read MoreIn re marriage of Stephenson v. Papineau (Kansas 2015)
An NCP whose children receive a lump sum disability award may be entitled to credit for timely paid child support for the period of time covered by the lump sum.
Read MoreGress v. Gress (Nebraska 1999)
A noncustodial parent is entitled to a credit against a monthly child support obligation for Social Security benefits paid to his or her minor child as a result of the non-custodial parent’s disability.
Read MoreMuir v. Kansas Health Policy Authority (Kansas 2014)
The Kansas Health Policy Authority did not erroneously interpret the law or act arbitrarily, capriciously, or unreasonably when it calculated a Medicaid recipient’s available income that could be used to pay the cost of medical care without first deducting amounts that the person had been ordered to pay in child support and maintenance.
Read MoreAndler v. Andler (Kansas 1975)
A parent is entitled to credit for Social Security payments by the government against his or her liability for child support under a divorce decree to the extent of, but not exceeding, his or her monthly obligation for child support.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
Lump-sum social security disability benefits received by mother on behalf of her minor children because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payment.
Read MoreIn re Marriage of Taber (Kansas 2012)
Lump-sum Social Security disability insurance 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.
Read MoreMaley v. State of Kansas (Kansas 2013)
A grievance based on the garnishment of social security disability benefits by the Kansas Child Support Collection Division is meritless.
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