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· 11/26/1996

In Re Marriage of Cowan

Citations

  • 928 P.2d 214
  • 279 Mont. 491
  • 53 State Rptr. 1250
  • 1996 Mont. LEXIS 245

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding, consistent with the “majority” rule, that “a credit for [derivative] Social Security benefits does not retroactively modify the disabled parent’s monthly child support obligation: it merely changes the source of the payments” (emphasis added)
  • noting \the majority of jurisdictions faced with this issue have not allowed the application of excess benefits to reduce arrearages\ and adopting a consistent rule
  • crediting Social Security benefits paid to children because change in source of payment did not amount to “a retroactive modification of the . . . original child support order”
  • credit for derivative Social Security benefits not an improper retroactive modification
  • discussing a similar case history
  • same, citing Weaks as authority

Source: CourtListener parenthetical corpus (CC0).

Judges: Trieweiler, Hunt, Erdmann, Leaphart, Nelson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.