Wong v. Hawk
Annotate this CaseThe Department of Health and Human Services (DHHS) appealed from a judgment entered in the district court modifying a child support order of the family law magistrate. DHHS asserted (1) the district court erred in crediting toward Father's support obligation the dependent benefit his daughter received based on his Social Security retirement account, and (2) the magistrate did not abuse her discretion in declining to deviate from the child support guidelines. The Supreme Court agreed and vacated the district court's judgment, holding (1) the district court erred in granting Father credit toward his support obligation based on his daughter's Social Security retirement dependent benefit; and (2) the magistrate acted within the bounds of her discretion in concluding that a deviation was not warranted. Remanded with instructions to reinstate the magistrate's modification order.
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