New York Court of Appeals
In the Matter of Kenneth N. Graby v. Janet Graby
February 8, 199687 N.Y.2d 605
Summary
The New York Court of Appeals held that Social Security disability benefits paid to a disabled parent's dependent children are not income of the noncustodial parent and cannot be credited against his child support obligation; they are to be treated as the child's resources for the discretionary "unjust or inappropriate" analysis under Family Court Act § 413. The Court reversed the Appellate Division and reinstated the Family Court's original order.