Swaney v. State, Department of Family Services, Child Support Enforcement
256 P.3d 514
Wyo.2011Background
- Mother obtained custody; Father ordered to pay child support.
- Father became disabled; support order later reduced.
- Father and children received lump-sum retroactive disability benefits and ongoing monthly benefits.
- District court credited Father for retroactive and post-disability-withholding amounts.
- District court refused credit for arrearages accrued before disability, applying equitable considerations.
- Wyoming Supreme Court affirms denial as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disability benefits paid to dependents can offset pre-disability arrearages | Swaney urges credit against pre-disability arrears | Department argues no credit for pre-disability arrears | Credit not allowed for pre-disability arrears |
Key Cases Cited
- Groenstein v. Groenstein, 104 P.3d 765 (Wy. 2005) (benefits to children count as income and offset support)
- Hinckley v. Hinckley, 812 P.2d 907 (Wy. 1991) (precedent on benefit handling in support context)
- Skeens, 442 S.E.2d 432 (Va. Ct. App. 1994) (equitable credit against arrears discussed)