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GRESS v. GRESS

No. S-98-403.

596 N.W.2d 8 (1999)

257 Neb. 112

S. Janet GRESS, Appellee, and State of Nebraska, Intervenor-Appellee, v. Bernard D. GRESS, Appellant.

Supreme Court of Nebraska.

June 11, 1999.

Attorney(s) appearing for the Case

John C. Hahn, of Jeffrey, Hahn, Hemmerling & Zimmerman, P.C., Lincoln, for appellant.

Danelia F. Kracht, Deputy Lincoln County Attorney, for intervenor-appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HENDRY, C.J.

INTRODUCTION

This is an appeal from an order allowing a parent's Social Security benefits to be credited against his child support obligations on a month-to-month basis but not allowing excess benefits to be credited against his accrued arrearage. The primary issue on review is whether monthly Social Security benefits received for the benefit of a minor child which are in excess of a monthly support obligation should be applied to past-due child...

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