# Board v. Board

> Kentucky Supreme Court · April 11, 1985 · 690 S.W.2d 380

URL: https://www.frixlaw.com/law-library/cases/9682484

## Case

- **Full name:** Marsha A. BOARD, Movant, v. Danny BOARD, Deceased, Gordon Board and Bernett Board, as Co-Executors, Personal Representatives of Danny Board, Respondents
- **Court:** Kentucky Supreme Court
- **Decided:** April 11, 1985
- **Citations:** 690 S.W.2d 380; 1985 Ky. LEXIS 217
- **Precedential status:** Published
- **Opinion:** Dissent by Stephens
- **Judges:** Wintersheimer, Stephens, Vance
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9682484

## How later opinions describe it (automated extraction)

- holding that a difference exists between allowing a credit for payment made from another source and modifying the specific dollar amount
- noting that a non-custodial parent’s receipt of social security benefits might well justify a modification of the support order, but only following and in light of the required procedures
- holding that crediting of Social Security payments is not modification of decree

## Opinion text

STEPHENS, Chief Justice,
dissenting.
I respectfully dissent from the majority opinion in its holding that social security payments be automatically credited against a child support obligation.
The trial court had credited social security payments to the support obligation of the father’s estate without any motion or showing by the estate, but merely in response to the mother’s motion for collection on arrears. The exclusive method for modifying a child support order is found in KRS 403.250(1), which requires that a child support order can be modified “only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable.” Thus, although the trial judge has the right to make a set-off, he can do so only upon the motion of the paying parent which shows sufficient changed circumstances.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9682484. Public record. Not legal advice.