· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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