Kirk v. Kirk’s Empirical Analysis
1990
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently January 2017
21 state decisions — followed in 15 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935) · 42 U.S.C. § 659 (§ 459 of the Social Security Act of 1935)
Relies on Flemming v. Nestor · Hisquierdo v. Hisquierdo · Queen v. Queen · 180 N.J. Super. 210 - Amato v. Amato · Landwehr v. Landwehr
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Notwithstanding any other provision of law (including section 407 [anti-assignment and preemption clauses] of this title) . . ., [Social Security benefits] payable ... to any individual . . . shall be subject ... to legal process brought for the enforcement, against such individual of his legal obligations to provide child support or make alimony payments.”
1 later decision quote this exact passage“The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.”
1 later decision quote this exact passagee.g. Boulter v. Boulter
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.