Ex-husband was not entitled to credit toward his child support obligation based on his daughter’s Social Security retirement dependent benefit since the dependent benefit his daughter received was based on ex-husband’s Social Security retirement account, not on a disability resulting from an injury that impaired his earning capacity. (Ed. Note: In Maine, the guidelines provide for a credit for disability, not retirement. The court held that disability is not synonymous with retirement, and for purposes of statute providing that, after calculating parent’s child support obligation, a court must apply a credit toward that obligation if a child receives dependent benefits as a result of the obligor parent’s disability, a benefit results from “the obligor parent’s disability” only if it accrued due to an injury or illness that impaired that parent’s earning capacity. The Maine court’s ultimate holding is in the minority of jurisdictions.)
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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