274 P.3d 27
Kan. Ct. App.2012Background
- After a divorce, Father was obliged to pay $426 monthly in child support for two children.
- Father became disabled in 2008; SSA disability benefits began in June 2008 after a five-month waiting period.
- From June 2008 to December 2008, Father largely did not pay child support, with a final $25 payment in June 2008.
- SSA issued lump-sum disability payments to the children for June–December 2008 totaling $3,148.
- In 2009, a district court credited the lump-sum payments against Father’s June–December 2008 arrearages; excess $166 could not reduce pre-June 2008 arrears.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lump-sum SSA payments can be credited against arrearages for the covered period | Mother argues Williams limits credit to the January 2009 period. | Father contends lump-sum payments may reduce June–December 2008 arrearages. | Yes; lump-sum payments may credit June–December 2008 arrearages; excess goes to the child; pre-June 2008 arrears not reduced. |
Key Cases Cited
- In re Marriage of Williams, 21 Kan. App. 2d 453 (1995) (excess monthly SSA payments windfall to child; not credited to arrears)
- Andler v. Andler, 217 Kan. 538 (1975) (SSA benefits earned; credit for period; excess gratuity not applied to future arrears)