Brown v. Brown

823 N.E.2d 1224, 2005 Ind. App. LEXIS 423, 2005 WL 638448
CourtIndiana Court of Appeals
DecidedMarch 21, 2005
Docket48A04-0402-CV-66
StatusPublished
Cited by5 cases

This text of 823 N.E.2d 1224 (Brown v. Brown) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Brown, 823 N.E.2d 1224, 2005 Ind. App. LEXIS 423, 2005 WL 638448 (Ind. Ct. App. 2005).

Opinions

OPINION

CRONE, Judge.

Case Summary

Danny Brown ("Danny") appeals the trial court's order in favor of Ginger Brown ("Ginger") that the retroactive lump sum payment of Danny's social security disability benefits to the parties' minor child may not be credited against his child support arrearage. We affirm.

Issue

Danny raises one issue on appeal, which we restate as follows: whether the trial court abused its discretion in determining that a retroactive lump sum payment of [1225]*1225social security disability benefits to the dependent child of a noneustodial parent may not be credited against that parent's child support arrearage.

Facts and Procedural History

Danny and Ginger's marriage was dissolved on December 14, 2000. Ginger was awarded custody of their only child, G.B., born in June 1995. Danny was ordered to pay $110 per week in child support. On August 28, 2001, the State intervened on Ginger's behalf in an attempt to collect support. On October 25, 2001, Danny's support obligation was reduced to $50 per week. In an order dated May 23, 2002, the trial court declared Danny's total ar-rearage to be $5,145.04 as of April 30, 2002. The trial court also noted that Danny "hasn't worked this year due to back injuries [and] surgery." Appellant's App. at 20. On June 19, 2002, the trial court ordered Danny to pay $40 per week toward satisfaction of the arrearage.

On August 22, 2002, Ginger filed a request for a contempt citation against Danny for failure to pay child support. On December 3, 2002, the trial court held another hearing, which Danny failed to attend. According to an order entered that day, Danny's total arrearage remained $5,145.04. The order also stated that a body attachment would be issued on December 13, 2002, unless Danny's attorney "produces him in court to answer as to no payments on arrearage." Id. at 25. On January 27, 2003, Danny submitted to the trial court a letter from his doctor stating that he was disabled, unable to work, and had no attachable assets.

In an order dated May 20, 2008, the trial court found the total arrearage to be $7,595.04. The court ordered Danny to pay $50 per week in child support and $10 per week toward the arrearage. The court also found Danny in contempt for failure to pay support and ordered him incarcerated for thirty days, but suspended his sentence upon the condition that he satisfy his support and arrearage obligations each week. In its order, the trial court noted that Danny was preparing for back surgery and had applied for social security disability benefits in October 2002. Id. at 27.

On or about June 8, 2003, the Social Security Administration ("the SSA") sent Ginger a check for $10,377 for the benefit of G.B. According to an SSA statement issued to G.B., the check was a retroactive lump sum payment of disability benefits to which G.B. was entitled as Danny's dependent. Id. at 87.1

On August 18, 2003, Danny filed a Trial Rule 60 motion for relief from judgment in which he requested reimbursement of the "$10,877 support overpayment." Id. at 32. On September 18, 2008, the trial court ordered the remaining balance of the lump sum payment "frozen" pending resolution of the matter. Id. at 34; Tr. at 18. In an order dated October 29, 2003, the trial court determined that the lump sum payment of disability benefits is not child support and that Danny is not entitled to credit it against his child support arrear-age. Appellant's App. at 55. Danny now appeals.

Discussion and Decision

Danny contends that the retroactive lump sum payment of social security disability benefits to G.B. should be credited against his child support arrearage. Our standard of review is well settled: [1226]*1226"We will reverse a trial court's decision in child support matters only for an abuse of discretion or if the trial court's determination is contrary to law." Dore v. Dore, 782 N.E.2d 1015, 1018 (Ind.Ct.App.2008).

In Poynter v. Poynter, 590 N.E.2d 150 (Ind.Ct.App.1992), trans. denied, on which Danny relies, the trial court used the social security disability benefits received by the children of the disabled custodial parent to offset the total child support obligation for both parents. On appeal, the custodial parent argued that the trial court should have credited these benefits against only her support obligation. The Poynter court agreed, observing that

[a] majority of states have held that a parent is entitled to eredit on child support payments for social security disability benefits paid to the children due to that parent's disability. The rationale is that social security benefits are not gratuities but are earned, and they substitute for lost earning power because of that disability.
Subsequent to the adoption of state child support guidelines mandated by federal law, several states have reaffirmed the rule of crediting the disabled parent's support obligation for social security disability benefits paid to the child. Following the majority rule of other jurisdictions, we hold that the disabled parent is entitled to have child support obligations credited with the social security disability benefits received by the child because of that parent's disability.

Id. at 152 (citations and footnote omitted). Danny acknowledges that Poynter does not involve a disabled noneustodial parent but nevertheless contends that "the above principles would apply to either situation." Appellant's Br. at 9.

We decline Danny's invitation to follow Poynter for several reasons. First, and perhaps foremost, is our supreme court's discussion of Poynter in Stultz v. Stultz, 659 N.E.2d 125 (Ind.1995). In that case, the noneustodial parent appealed "the trial court's refusal to offset his child support obligation by the amount of Social Security retirement benefits paid directly to his children as a result of his retirement." Id. at 126. Relying on Poynter, our court reversed, holding "that a parent subject to a child support obligation is always entitled to a credit against that obligation for any Social Security benefits received by that parent's child or children as a result of that parent's retirement." Id. Our supreme court granted transfer and affirmed the trial court, observing that

[allthough the Poynter court is arguably correct in asserting that a majority of jurisdictions hold that a social security recipient parent is entitled to a credit for social security payments made to a child, we find ample case law holding that such a eredit is not automatic and that the presence of social security benefits is merely one factor for the trial court to consider in determining the child support obligation or modification of the obligation. We find this position to be most consistent with our state's strong emphasis on trial court discretion in determining child support obligations and our regular acknowledgement of the principle that child support modifications will not be set aside unless they are clearly erroneous.
In this case, we cannot say that the trial court's decision to deny the credit was clearly erroneous.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dedek v. Dedek
851 N.E.2d 1048 (Indiana Court of Appeals, 2006)
Brown v. Brown
849 N.E.2d 610 (Indiana Supreme Court, 2006)
Payton v. Payton
847 N.E.2d 251 (Indiana Court of Appeals, 2006)
Orlich v. Orlich
859 N.E.2d 671 (Indiana Court of Appeals, 2006)
Brown v. Brown
823 N.E.2d 1224 (Indiana Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
823 N.E.2d 1224, 2005 Ind. App. LEXIS 423, 2005 WL 638448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-brown-indctapp-2005.