IN RE MARRIAGE OF HILMO

No. 99-1196.

623 N.W.2d 809 (2001)

In re the MARRIAGE OF Kathleen J. HILMO and Chris A. Hilmo. Upon the Petition of Kathleen J. Hilmo n/k/a Kathleen J. Gerety, Appellant, and Concerning Chris A. Hilmo, Appellee.

Supreme Court of Iowa.

March 21, 2001.


Attorney(s) appearing for the Case

Dennis D. Jasper, Bettendorf, for appellee.

Daniel D. Bernstein of William J. Bribriesco & Associates, Bettendorf, for appellant.

Considered en banc.


TERNUS, Justice.

The issue presented in this case is whether social security disability benefits paid to a disabled parent's children should be considered income to the disabled parent in calculating the disabled parent's income for purposes of setting child support. Under the circumstances of this case, we agree with the court of appeals that such benefits are income to the disabled parent and should be included as such for purposes of determining child support payments...

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