[Download] "Commonwealth v. Skeens" by Virginia Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Skeens
- Author : Virginia Court of Appeals
- Release Date : January 05, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
In this appeal, the Division of Child Support Enforcement of the Virginia Department of Social Services (Department) contends that Social Security disability benefits payable to the dependent children of Danny Skeens, a disabled worker, should not be treated or credited as support payments to satisfy an arrearage in his court-ordered support. The Department argues that Social Security payments are a form of insurance payable to a designated beneficiary or a statutory entitlement payable to a disabled employees dependents for which the parent should not receive credit toward a court-ordered child support obligation. We hold that a dependents Social Security disability benefits, although constituting an independent entitlement, are in the nature of support made in lieu of a disabled employees earnings. However, whether the trial court credits the payment against an arrearage for court-ordered support depends upon the circumstances of each case and rests in the sound discretion of the trial Judge. In the case of Danny Skeens, we hold that the trial court did not abuse its discretion, under the circumstances, in crediting the accumulated Social Security benefits payable to his dependent children against his court-ordered support arrearage.