IN RE DAKOTA COUNTY

No. A13-1240.

866 N.W.2d 905 (2015)

In re the Matter of DAKOTA COUNTY, Appellant, Lorinda Elaine Floding, Petitioner Below, v. Darrell Ray Gillespie, Respondent.

Supreme Court of Minnesota.

July 22, 2015.


Attorney(s) appearing for the Case

James C. Backstrom , Dakota County Attorney, Sandra M. Torgerson , Assistant Dakota County Attorney, West Saint Paul, MN, for appellant.

Justin R. Anderson , Kratochwill & Anderson, P.A., Elbow Lake, MN, for respondent Darrell Ray Gillespie.

Patrick M. Hest , Jenese V. Larmouth , Assistant Ramsey County Attorneys, Saint Paul, MN, for amicus curiae Minnesota County Attorneys Association.

Lori Swanson , Attorney General, Cynthia B. Jahnke , Assistant Attorney General, Saint Paul, MN, for amicus curiae Minnesota Department of Human Services.

David L. Olson , David L. Olson Law Office, Edina, MN, for amicus curiae Minnesota Chapter of the American Academy of Matrimonial Lawyers.

Michael D. Dittberner , Linder, Dittberner & Bryant, Ltd., Edina, MN; and Mary Catherine Lauhead , Law Offices of Mary Catherine Lauhead, Saint Paul, Minnesota, for amicus curiae Family Law Section, MN State Bar Association.


OPINION

The obligee of a child support obligation began receiving derivative Social Security benefits on behalf of her children, due to the obligor's eligibility for those benefits. The obligor brought a motion to modify his obligation, asking the court to offset his obligation by the amount of monthly benefits and...

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