Bd. v. Bd., 690 S.W.2d 380 (Ky. 1985). · Go Syfert
Bd. v. Bd., 690 S.W.2d 380 (Ky. 1985). Cases Citing This Book View Copy Cite
86 citation events (37 in the last 25 years) across 22 distinct courts.
Strongest positive: C. D. G. v. N. J. S. (ky, 2015-09-21)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) C. D. G. v. N. J. S. (3×) also: Cited as authority (rule)
Ky. · 2015 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
there is a distinction between crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount.
examined Cited as authority (verbatim quote) N. J. S. v. C. D. G. (3×) also: Cited as authority (rule)
Ky. · 2015 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
there is a distinction between crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount.
examined Cited as authority (verbatim quote) C.D.G. v. N.J.S. (3×) also: Cited as authority (rule), Cited "see"
Ky. · 2015 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
should the social security benefits be changed, the mother or custodian can look to the estate for satisfaction of the basic obligation which remains intact.
examined Cited as authority (verbatim quote) C.D.G. v. N.J.S. (3×) also: Cited as authority (rule), Cited "see"
Ky. · 2015 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
should the social security benefits be changed, the mother or custodian can look to the estate for satisfaction of the basic obligation which remains intact.
examined Cited as authority (verbatim quote) N. J. S. v. C. D. G. (3×) also: Cited as authority (rule)
Ky. · 2015 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
there is a distinction between crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount.
examined Cited as authority (verbatim quote) C. D. G. v. N. J. S. (3×) also: Cited as authority (rule)
Ky. · 2015 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
there is a distinction between crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount.
discussed Cited as authority (verbatim quote) LOUKO v. McDonald
Vt. · 2011 · quote attribution · 1 verbatim quote · confidence high
there is a distinction between crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount.
discussed Cited as authority (quoted) Hamilton v. Duvall
Ky. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
government benefits in the form of social security for child support may be credited against the parent's liability under the decree or agreement of settlement
discussed Cited as authority (rule) Marlar v. Gearhart
Idaho · 2025 · confidence medium
As noted by the Supreme Court of Illinois, “a distinction exists between ‘crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount[.]’ ” In re Marriage of Henry, 622 N.E.2d 803, 808 (Ill. 1993) (first quoting Board v. Board, 690 S.W.2d 380, 381 (Ky. 1985); then citing Hanthorn v. Hanthorn, 460 N.W.2d 650, 654 (Neb. 1990)).
discussed Cited as authority (rule) Crago v. Donovan (2×)
S.D. · 1999 · confidence medium
See also Pacana v. State, 941 P.2d 1263, 1266 (Alaska 1997); Perteet v. Sumner, 246 Ga. 182 , 269 S.E.2d 453, 454 (1980); Andler v. Andler, 217 Kan. 538 , 538 P.2d 649, 654 (1975); Board v. Board, 690 S.W.2d 380, 381 (Ky.1985); Holmberg v. Holmberg, 578 N.W.2d 817, 827 (Minn.App.1998); Mooneyham v. Mooneyham, 420 So.2d 1072 , 1074 (Miss.1982); Weaks v. Weaks, 821 S.W.2d 503, 507 (Mo. 1991); In re Marriage of Cowan, 279 Mont. 491 , 928 P.2d 214, 221 (1996); Hanthorn v. Hanthorn, 236 Neb. 225 , 460 N.W.2d 650, 654 (1990); Griffin v. Avery, 120 N.H. 783 , 424 A.2d 175, 177 (1980); Mask v. Mask, 9…
discussed Cited as authority (rule) Ex Parte Barlow (2×)
Tex. App. · 1995 · confidence medium
Also Matter of Marriage of Callaghan, 19 Kan.App.2d 335 , 869 P.2d 240, 242 (1994); In re Marriage of Henry, 156 I11.2d 541, 190 Ill.Dec. 773, 779 , 622 N.E.2d 803, 809 (1993); Poynter v. Poynter, 590 N.E.2d 150, 152 (Ind.App. [1st Dist.] 1992); Board v. Board, 690 S.W.2d 380, 381 (Ky.1985); In re Marriage of Robinson, 651 P.2d 454, 455 (Colo.Ct.App.1982); Mooneyham v. Mooneyham, 420 So.2d 1072 (Miss.1982); Mask v. Mask, 95 N.M. 229 , 620 P.2d 883 (1980); Potts v. Potts, 240 N.W.2d 680 (Iowa 1976); Cohen v. Murphy, 368 Mass. 144 , 330 N.E.2d 473, 475-76 (1975).
discussed Cited as authority (rule) Lake v. Lake (2×) also: Cited "see, e.g."
Tex. App. · 1995 · confidence medium
See, e.g., Bowden, 426 So.2d at 450 (appears to give credit automatically); Meek, 669 P.2d at 630 (presume credit unless other factors militate against it); Board, 690 S.W.2d at 382 (not modification, only change in source of child support); Gibson, 313 N.W.2d at 181 (credit not automatic; social security benefits factor to consider in determining whether to modify child support); Brewer, 509 N.W.2d at 17 (not modification, but party opposing credit given opportunity to adduce evidence of inequity resulting from credit). 11 .
discussed Cited as authority (rule) Pessein v. Pessein
Wash. Ct. App. · 1993 · confidence medium
App. 1983); In re Marriage of Meek, 669 P.2d 628, 630 (Colo. Ct. App. 1983); Board v. Board, 690 S.W.2d 380, 381-82 (Ky. 1985); Gilford v. Wurster, 24 Ohio App. 3d 77, 78 , 493 N.E.2d 258, 260 (1983).
discussed Cited as authority (rule) Weaks v. Weaks (2×)
Mo. · 1991 · signal: cf. · confidence medium
Cf. Board v. Board, 690 S.W.2d 380, 381 (Ky.1985) (a distinction exists between allowing a credit for payment made from another source and modifying a specific dollar amount).
discussed Cited "see" Nadine Evans v. Matthew Evans
R.I. · 2020 · signal: see · confidence high
See Pontbriand v. Pontbriand, 622 A.2d 482, 486 (R.I. 1993) (“There is a distinction between crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount.” (quoting Board v. Board, 690 S.W.2d 380, 381 (Ky. 1985))). -6- STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPREME COURT – CLERK’S OFFICE OPINION COVER SHEET Title of Case Nadine Evans v. Matthew Evans.
discussed Cited "see" Artrip v. Noe (2×)
Ky. · 2010 · signal: see · confidence high
See Board v. Board, 690 S.W.2d 380, 382 (Ky.1985); Wilson v. Stenwall, 868 P.2d 1317, 1319 (Okla.App.1992) (“Social Security benefits are analogous to private insurance, where a parent insures against his ability to fulfill moral and legal obligations due his minor children.
discussed Cited "see" Estate of Gorski v. Welch (2×)
Tex. App. · 1999 · signal: see · confidence high
See Board v. Board, 690 S.W.2d 380, 381 (Ky.1985); Gibson v. Gibson, 110 Mich.App. 666 , 313 N.W.2d 179, 181 (1981).
cited Cited "see" Bustin v. Bustin
Ky. · 1998 · signal: see · confidence high
See Board v. Board, Ky., 690 S.W.2d 380 (1985); KRS 403.180(6).
cited Cited "see" Barker v. Hill
Ky. Ct. App. · 1997 · signal: see · confidence high
See, Hamilton v. Hamil *897 ton, Ky.App., 598 S.W.2d 767 (1980), and Board v. Board, Ky., 690 S.W.2d 380 (1985).
discussed Cited "see" Commonwealth Ex Rel. Comptroller of Virginia v. Skeens
Va. Ct. App. · 1994 · signal: see · confidence high
See Board v. Board, 690 S.W.2d 380, 381 (Ky. 1985) (holding that a difference exists between allowing a credit for payment made from another source and modifying the specific dollar amount).
discussed Cited "see" Brewer v. Brewer
Neb. · 1993 · signal: see · confidence high
See Board v. Board, 690 S.W.2d 380 (Ky. 1985) (crediting of Social Security child support benefits against supporting parent’s child support obligation is not a “modification” of divorce decree requiring motion and procedure).
discussed Cited "see" Hanthorn v. Hanthorn
Neb. · 1990 · signal: see · confidence high
See, Board v. Board, 690 S.W.2d 380 (Ky. 1985); Mooneyham v. Mooneyham, 420 So. 2d 1072 (Miss. 1982); Davis v. Davis, 141 Vt. 398 , 449 A.2d 947 (1982); Mask v. Mask, 95 N.M. 229 , 620 P.2d 883 (1980); Perteet v. Sumner, 246 Ga. 182 , 269 S.E.2d 453 (1980); Griffin v. Avery, 120 N.H. 783 , 424 A.2d 175 (1980); Cohen v. Murphy, 368 Mass. 144 , 330 N.E.2d 473 (1975); Children & Youth Services v. Chorgo, 341 Pa. Super. 512 , 491 A.2d 1374 (1985).
cited Cited "see, e.g." Ouellette v. Ouellette
Me. · 1996 · signal: see, e.g. · confidence low
See, e.g., Board v. Board, 690 S.W.2d 380 (Ky.1985).
Retrieving the full opinion text from the archive…
Marsha A. BOARD, Movant,
v.
Danny BOARD, Deceased, Gordon Board and Bernett Board, as Co-Executors, Personal Representatives of Danny Board, Respondents
Kentucky Supreme Court.
Apr 11, 1985.
690 S.W.2d 380
Paul M. Lewis, Dwight Preston, Lewis, Bland & Preston, Elizabethtown, for mov-ant., Bill Y. Seiller, Cindy L. Stone, Louisville, Robert Riley, Robert A. Miller, Branden-berg, for respondents.
Wintersheimer, Stephens, Vance.
Cited by 45 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: Court of Appeals of Kentucky (1)

Lead Opinion

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed a judgment of the circuit court determining that the estate of a deceased father with support obligations was entitled to a credit on social security benefits paid for child support as a result of his death.

The issue is whether the trial court erred in crediting social security payments against child support and the underlying issue is whether a motion for modification pursuant to KRS 403.250 must be made prior to a crediting of social security against child support payments.

Pursuant to a property settlement agreement in the dissolution of the marriage of Danny and Marsha Board, the father agreed to pay the wife $200 a week for the support of their two minor children. The father died three months after the divorce and since his death, the mother, in addition to other benefits, has received $370 per month per child from the father’s social security benefits.

Stressing that the wife would receive an unreasonable windfall if she were permitted to receive both child support and social security benefits, the Court of Appeals held that the father’s estate was entitled to a credit for the amount of social security. In answer to the wife’s argument that such a credit would improperly modify the divorce agreement, the Court of Appeals decided that not permitting a credit would actually modify the agreement.

This Court affirms the judgment of the circuit court and the decision of the Court of Appeals. KRS '403.250 is not the exclusive method to consider the application of social security benefits against child support liability.

Kentucky follows the prevailing view of most jurisdictions in the United States in that government benefits in the form of social security for child support may be credited against the parent’s liability under the decree or agreement of settlement. Hamilton v. Hamilton, Ky.App., 598 S.W.2d 767 (1980). See, Annot., Right to Credit on Child Support Payments for Social Security or other Government Dependency Payments Made for Benefit of Child, 77 A.L.R.3d 1315 (1977). The trial judge’s finding that the social security benefits were a set-off against child support was within the court’s discretion. To do so is not a “modification” as defined by KRS 403.250.

The result is the same whether the child support credit is made pursuant to KRS 403.250(1), that is, a motion to modify child support, or whether it is made as in this case, in defense of a motion for arrearage. There is a distinction between crediting an obligation with payment made from another source and increasing, decreasing or terminating, or otherwise modifying a specific dollar amount.

Here the estate is liable for $866.67 per month as child support. The social security benefits pay a certain amount and the estate remains primarily liable on the en[*382] tire obligation. The social security benefits are not gratuitous. The husband, through his employment, paid social security taxes and those payments are now generating the replacement of some of the support obligation. Should the social security benefits be changed, the mother or custodian can look to the estate for satisfaction of the basic obligation which remains intact. There is no difference in the amount of payment for child support. The only change is the source of those payments.

Keplinger v. Keplinger, Ky., 610 S.W.2d 618 (1981), is not applicable. That case involved a pre-1972 settlement agreement and was not an adjustment of child support in light of social security payments. In Keplinger, supra, the amount represented the difference between social security and the installments the husband was paying to a property settlement. Here, permitting the wife to receive child support in addition to social security, would result in an unreasonable windfall. The evidence indicates that there are adequate provisions for the children. Allowance of uncredited social security would actually modify the agreement of the parties and result in an unnecessary advantage.

Social security benefits are not gratuitous but are paid as a substitute for lost earning power and are similar in nature to insurance benefits. Annot. 77 A.L.R.3d at 1318, § 2(a). For an extended discussion of the rationale in such cases in other jurisdictions, see, Potts v. Potts, Iowa, 240 N.W.2d 680 (1976); Mooneyham v. Mooneyham, Miss., 420 So.2d 1072 (1982); Mask v. Mask, 95 N.M. 229, 620 P.2d 883 (1980); Binns v. Maddox, 57 Ala.App. 230, 327 So.2d 726 (1976).

Here there is no abuse of discretion and the findings are not clearly unreasonable. Consequently there is no reason to disturb the findings of the trial court.

Nothing in this opinion inhibits the right of the custodial parent to seek modification under KRS 403.250 when appropriate.

The decision of the Court of Appeals is affirmed.

All concur, except STEPHENS, C.J., who dissents by separate opinion. VANCE, J., concurs in the result of the majority opinion.

Dissent

STEPHENS, Chief Justice,

dissenting.

I respectfully dissent from the majority opinion in its holding that social security payments be automatically credited against a child support obligation.

The trial court had credited social security payments to the support obligation of the father’s estate without any motion or showing by the estate, but merely in response to the mother’s motion for collection on arrears. The exclusive method for modifying a child support order is found in KRS 403.250(1), which requires that a child support order can be modified “only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable.” Thus, although the trial judge has the right to make a set-off, he can do so only upon the motion of the paying parent which shows sufficient changed circumstances.