In Re the Marriage of Belger

654 N.W.2d 902, 2002 Iowa Sup. LEXIS 263, 2002 WL 31828163
CourtSupreme Court of Iowa
DecidedDecember 18, 2002
Docket01-1093
StatusPublished
Cited by7 cases

This text of 654 N.W.2d 902 (In Re the Marriage of Belger) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Belger, 654 N.W.2d 902, 2002 Iowa Sup. LEXIS 263, 2002 WL 31828163 (iowa 2002).

Opinion

STREIT, Justice.

David Belger was ordered to pay child support following the dissolution of his marriage to Valeta Belger. Thirteen years after the court entered the dissolution decree, David retired and began to receive social security retirement benefits. In addition to regular support payments, David’s child began to receive dependent retirement benefits. David sought an offset of his support obligation. The trial court refused the credit and the Iowa Court of Appeals affirmed. Because we *904 find a child support order should be credited to reflect a dependent child’s receipt of social security dependent retirement benefits on behalf of an obligor parent, .we vacate the court of appeals’ decision, reverse the judgment of the district court, and remand.

I. Background and Facts

In 1988, the marriage of Valeta and David Belger was dissolved1 upon entry of a decree pursuant to Iowa Code chapter 598 (1987). The decree provided David must pay child support for his four minor children. In 2001, David retired and began receiving retirement benefits from the Social Security Administration. By 2001, David was only paying child support for one child, Destria. In addition to Destria’s mother receiving child support payments, Destria began receiving dependent benefits on account of David’s retirement. David sought an offset of the $328 monthly support obligations by the $803 monthly social security dependent’s benefits Dest-ria received. The district court refused to order the credit. David appealed. Relying on State ex rel. Pfister v. Larson, 569 N.W.2d 512 (Iowa Ct.App.1997), the Iowa Court of Appeals affirmed the district court. D,avid sought further review. He argues the court of appeals erred in finding David is not entitled to a child support credit for social security retirement payments the child receives on David’s behalf.

II. Scope of Review

We review cases involving child support obligations de novo. Iowa R.App. P. 4; State ex rel. Nicholson v. Toftee, 494 N.W.2d 694, 695 (Iowa 1993).

III. The Merits

The only issue presented to us on further review is whether a parent’s child support obligation may be credited to reflect social security retirement dependency benefits thfe child contemporaneously receives on behalf of the obligor parent. Valeta argues Iowa Code section 598.22 (2001) does not allow a credit for social security retirement benefits received by the child. David argues our decision in In re Marriage of Hilmo affirming the district court’s, credit for social security disability .dependency benefits should be extended, to allow a credit for similar retirement dependency benefits. See 623 N.W.2d 809, 813-14 (Iowa 2001). We turn first to Iowa Code section 598.22 to determine whether the issue of credits has been resolved by the legislature.

A. Meaning of Iowa Code Section 598.22 '

Valeta argues Iowa Code section 598.22 contains a provision dealing exclusively with which types of benefits may be applied as a credit toward a child support order. Iowa Code section 598.22 provides, in part',

Support payments — clerk of court— collection services center — defaults— security.
All orders or judgments entered ... shall direct the payment of thosé sums to the clerk of the district court.... [A]ll income withholding payments shall be directed to the collection services center 1... Payments to persons other than the clerk of the district court ... do not satisfy the support obligations created by the orders or judgments, except ... for dependent benefits paid to the child support obligee as the result of disability benefits awarded to the child support obligor under the federal Social Security Act....
An order or judgment entered ... [for] support or for income withholding shall be filed with the clerk.:.. [T]he clerk ... shall disburse the payments received ... within two working days of the receipt of the ■ payments.... The *905 clerk ... shall not enter any moneys paid in the record book if not paid directly to the clerk....
If the sums ordered to be paid ... are not paid to the clerk ..., the clerk ... shall certify a default to the court....
Upon ... the failure of a person to make payments ..., the court may require the person to provide security, a bond, or other guarantee which the court determines is satisfactory to secure the payment of the support....
The clerk of the district court in the county in which the order for support is filed and to whom support payments are made ... may require the person obligated to pay support to submit payments by bank draft' or money order if the obligor submits an insufficient funds support payment to the clerk of the district court.

Iowa Code § 598.22.

Valeta isolates one sentence of this lengthy statute to determine the entire statute’s meaning. The sentence Valeta bases her argument upon reads,

Payments to persons other than the clerk of the district court ... do not satisfy the support obligations created ... except ... for dependent benefits paid to the child support obligee as the result of disability benefits awarded to the child support obligor under the federal Social Security Act.

Id. This sentence standing alone could be read to mean section 598.22 is a directive for the computation of child support payments. However, when the statute is read in its entirety, the intent of the legislature is clear.

When construing this statute, we consider the whole statute, including the title. State ex rel. Bd. of Pharmacy Exam’rs v. McEwen, 250 Iowa 721, 725, 96 N.W.2d 189, 191 (1959). The title, “Support payments — clerk of court — collection services center — defaults—security” indicates this statute is intended to address the proper procedures for payment and collection of support payments. See In re Marriage of Yanda, 528 N.W.2d 642, 644 (Iowa Ct.App.1994) (section 598.22 is clear regarding the record-keeping for support payments). This section of the code deals not with the appropriate method of computation of support payments but with the procedures for the collection of support. In re Marriage of Eklofe, 586 N.W.2d 357, 362 (Iowa 1998). Valeta’s interpretation of this statute ignores the numerous other provisions explaining how child support is to be paid and collected.

It is true this statute addresses credits for support obligations, but not as Valeta suggests it does.

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Bluebook (online)
654 N.W.2d 902, 2002 Iowa Sup. LEXIS 263, 2002 WL 31828163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-belger-iowa-2002.