Update! REIMBURSEMENT FOR CHILD SUPPORT “OVERPAYMENTS” CREATED BY RETROACTIVE SSD PAYMENT

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In September 2013, the Kansas Court of Appeals held, in a 2 to 1 decision in In re Marriage of Stephensonthat where the children’s father made his court ordered child support payments, he was not entitled to reimbursement from the children’s mother where she later received a retroactive Social Security Disability lump sum payment covering the same months, even though he would have been entitled to credit for the monthly disability payments made to the children’s mother as a result of the father’s disability if the SSD payments had been contemporaneous rather than retroactiveCommending the father for his timely payment of his child support obligations, the Court nevertheless treated the excess payment resulting from the retroactive lump sum as a “gratuity” or gift to the children. The Court’s opinion traces the rationale of the decision and is available online at http://www.kscourts.org/Cases-and-Opinions/Opinions/CtApp/2013/20130913/109121.pdf

On October 9, 2015, however, the Kansas Supreme Court reversedholding that a district court may—but does not necessarily have to—grant a credit to a child-support obligor who is current on child support when a lump-sum payment of accumulated social security disability insurance derivative benefits duplicates the obligor’s support payment. A credit, if granted, may be used to offset other support obligations imposed by the court on the obligor. Alternatively, the district court might adjust an obligor’s [future] support obligations, require reimbursement of the duplicative payments from funds that are discrete from the social security benefits, or fashion some other equitable remedy permitted under applicable federal statutes and regulations. Full opinion available at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2015/20151009/109121.pdf

About Brad Short

CEO : Bradley Software; Of Counsel at Short, Borth & Thilges, Attorneys at Law, LLC, Overland Park, Kansas. Born Birmingham, Alabama, December 27, 1941; admitted to bar,1966, Kansas and U.S. District Court, District of Kansas; 1975, U.S. Court of Appeals, Tenth Circuit; 1976, U.S. Supreme Court. Education: University of Colorado (B.A., 1963; J.D., 1966). Contributing Author, Practitioner's Guide to Kansas Family Law, Kansas Bar Association, 1997. Listed in: The Best Lawyers in America, Family Law, every year from 1987 through 2013. Member, Technology Advisory Committee, Kansas Judicial Council, 1991-1998. Member: Bourbon County, 1966-1977 (President, 1970-1971), Johnson County (Member: Ethics and Grievance Committee, 1984-1998; Family Law Bench/Bar Committee, 1984-), Kansas and American (Vice-Chair, Solo Practitioners and Small Firms Committee, Economics of Law Practice Section, 1984-1985) Bar Associations; Kansas Trial Lawyers Association, 1974-1984 (State Treasurer, 1975-76; Member, Board of Governors, 1974-1984). Fellow, American Academy of Matrimonial Lawyers, 1994-2013 . Practice areas: Family Law.
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