Artrip v. Noe

311 S.W.3d 229, 2010 Ky. LEXIS 81, 2010 WL 1636678
CourtKentucky Supreme Court
DecidedApril 22, 2010
Docket2009-SC-000260-DGE
StatusPublished
Cited by45 cases

This text of 311 S.W.3d 229 (Artrip v. Noe) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Artrip v. Noe, 311 S.W.3d 229, 2010 Ky. LEXIS 81, 2010 WL 1636678 (Ky. 2010).

Opinions

Opinion of the Court by

Justice CUNNINGHAM.

Pursuant to their Property Settlement Agreement and the Decree of Dissolution of Marriage entered August 12, 1997, Le-vodis Artrip and James Stephen Noe were awarded joint custody of their two minor daughters. According to the agreement, Artrip was named the primary residential custodian and Noe was required to pay child support in the amount of $300.00 per month for twenty-four months, and $400.00 per month thereafter. This agreement continued until May 2007, when the parties executed a Domestic Mediation Agreement. This agreement made Noe the primary residential custodian of the children on a temporary basis while Artrip finalized her relocation to Florida.

By order dated August 14, 2007, Noe was to remain the primary residential custodian. Noe moved for child support, and on September 11, 2007, the trial court found that Artrip owed child support in the amount of $415.00 per month. This obligation was later increased to $563.79 per month when Artrip ceased paying for the children’s health insurance. On March 20, 2008, Artrip filed a motion to modify child support and requested a $265.00 per month deduction due to the children’s receipt of approximately $800.00 per month in Social Security benefits resulting from Noe’s disability. After a hearing, the trial court determined that, pursuant to KRS 403.211(3)(d), the children’s Social Security income was the type of independent financial resource that allowed for an appropriate adjustment of the child support guidelines set forth in KRS 403.212. Accordingly, the trial court allowed the $265.00 deduction and set Ar-trip’s child support obligation at $303.62 per month. Noe appealed, and in its opinion dated April 3, 2009, the Kentucky Court of Appeals held that only Noe, the disabled parent, was entitled to claim credit for the children’s Social Security disability benefits. The case was remanded to the Fayette Circuit Family Court to recalculate Artrip’s child support obligation. This Court granted discretionary review on October 21, 2009.

Artrip raises two issues on appeal: (1) the Court of Appeals erred in its statutory interpretation of KRS 403.211; and (2) the Court of Appeals erred in failing to acknowledge and reconcile the statutory provisions of KRS 403.211.

For the following reasons, we affirm the decision of the Court of Appeals.

KRS 403.211(15)

This statute states in pertinent part: A payment of money received by a child as a result of a parental disability shall be credited against the child support obligation of the parent. A payment shall not be counted as income to either parent when calculating a child support obligation.

In interpreting KRS 403.211(15),1 the Court of Appeals stated that a child support credit based upon Social Security disability benefits “may only be taken by the disabled parent from whom the payments stem.” This is the case, according to the Court of Appeals, because “these social security benefits in essence step into the shoes of the income lost by the father as a result of his disability.” Artrip, however, [231]*231contends that the Court of Appeals failed to consider the “clear statutory language” of KRS 403.211(15), which refers to “the parent” and “either parent” as opposed to “the disabled parent.” According to Ar-trip, had the legislature intended to restrict the statute’s applicability, it would have done so. However, it appears equally convincing that by use of the word “either” when excluding such payments to be considered in calculating child support but not when dealing with “parental disability,” the legislature did not intend to extend the credit to either or both parents. In addition, Artrip argues that the court erroneously relied upon Miller v. Miller, 929 S.W.2d 202 (Ky.App.1996) to reach its conclusion.

At the outset, we note that this issue is purely a matter of statutory interpretation. Statutory interpretation is a question of law and this Court reviews it de novo. Neurodiagnostics, Inc. v. Kentucky Farm Bureau Mut. Ins. Co., 250 S.W.3d 321, 325 (Ky.2008).

The great weight of authority, and Kentucky courts have so held, states that Social Security benefits received by a child for a disability sustained by the non-custodial parent may be credited against the non-custodial parent’s child support obligation. Miller, 929 S.W.2d at 204. See also Michael A. DiSabatino, Right to Credit on Child Stupport Payments for Social Security or Other Government Dependency Payments, 34 A.L.R. 5th 447 (1995). However, in this case, the Fayette Circuit Family Court applied a credit to the child support obligation of the non-custodial parent for Social Security benefits based upon a disability suffered by the custodial parent.

It defies both common sense and the plain wording of the statute to hold that the non-disabled parent is entitled to a credit for his or her child support obligation due to the Social Security disability payments of the disabled parent. Such an interpretation would clearly reach an absurd result. See Commonwealth v. Reynolds, 136 S.W.3d 442, 445 (Ky.2004) (“We should not add or subtract from the statute, nor should we interpret the statute to provide an absurd result.”). KRS 403.211(15) indicates that disability payments received by the child are to be credited to “the child support obligation” of “the parent.” Clearly, the legislature intended that “the parent” receiving the credit is to be the non-custodial disabled parent with the child support obligation.

Furthermore, such reasoning is in line with the nature of Social Security disability benefits. The nature of these benefits was clearly laid out in Miller, where the Kentucky Court of Appeals stated:

Social Security disability payments represent money which an employee has earned during his employment and also that which his employer has paid for his benefit into a common trust fund under the Social Security Act. 42 U.S.C. § 301 et seq. These payments are for the purpose of replacing income lost because of the employee’s inability to work upon becoming disabled. Thus, these payments substitute as income.

Miller, 929 S.W.2d at 204 (quoting Horton v. Horton, 219 Ga. 177, 132 S.E.2d 200, 201 (1963)).

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Bluebook (online)
311 S.W.3d 229, 2010 Ky. LEXIS 81, 2010 WL 1636678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/artrip-v-noe-ky-2010.