Keith v. Purvis

982 So. 2d 1033, 2008 WL 2169682
CourtCourt of Appeals of Mississippi
DecidedMay 27, 2008
Docket2007-CA-00495-COA
StatusPublished
Cited by21 cases

This text of 982 So. 2d 1033 (Keith v. Purvis) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keith v. Purvis, 982 So. 2d 1033, 2008 WL 2169682 (Mich. Ct. App. 2008).

Opinion

982 So.2d 1033 (2008)

Jackie KEITH, Appellant
v.
Deanna PURVIS, Appellee.

No. 2007-CA-00495-COA.

Court of Appeals of Mississippi.

May 27, 2008.

*1034 Deborah J. Gambrell, attorney for appellant.

Robert R. Marshall, attorney for appellee.

Before KING, C.J., ROBERTS and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. Jackie Keith (Keith) appeals the March 2, 2007, order of the Forrest County Chancery Court, denying him reimbursement for child support payments made during a twenty-two-month period, for which his minor child subsequently received *1035 a lump-sum award of social security disability benefits. The order also refused to grant Keith credit for any amount by which the disability benefits exceed his monthly child support obligation.

¶ 2. Keith appeals and argues (1) that he is entitled to offset the monthly disability benefits against his child support obligations and (2) that he is entitled to credit excess disability benefits against his future child support obligations or, alternatively, to reimbursement for overpayment of his child support obligations. For the reasons explained below, we find no error and affirm.

FACTS

¶ 3. On December 15, 2000, the Chancery Court of Forrest County entered a judgment of paternity that determined Keith to be the natural father of Jade Danielle Purvis (Jade), born February 10, 1993, to Deanna Purvis (Purvis). By the same judgment, Keith was ordered to pay child support in the amount of $350 per month. In 2001, Keith suffered a stroke. In 2004, Keith and Jade, on Keith's behalf, became eligible for social security disability benefits. In September 2006, Jade received a lump-sum payment in the amount of $20,164 as back-payment of disability benefits. According to the parties' appellate briefs, this check represented disability benefits for the preceding twenty-two months. Thereafter, Jade received monthly disability benefits in the amount of $900.40.

¶ 4. Keith faithfully met his child support obligations until August 2006, when he ceased making payments upon learning that Jade was receiving disability benefits. On November 29, 2006, Keith filed a petition to modify judgment, requesting the court to (1) order Purvis to reimburse him for overpayment of child support in the amount of $7,836.50[1] and (2) order that the monthly disability benefits in the amount of $900.40 be accepted in lieu of his court-ordered child support obligation of $350 per month. Alternatively, Keith sought to credit any amount by which disability benefits received by Jade exceeded his support obligations against future child support obligations that would accrue when Jade reaches the age of eighteen and social security benefits cease.

¶ 5. On March 2, 2007, the chancellor found that Keith had met all of his obligations under the original support decree and entered the following order:

IT IS THEREFORE ORDERED AND ADJUDGED that the Plaintiff, Jackie Keith is not entitled to retroactive credit or reimbursement for sums tendered to the minor by the Social Security Administration by virtue of the disability of Jackie Keith, nor can the court grant him credit for sums that will accrue over and above the ordered support of $350 per month as set forth in the 2000 Judgment of Paternity.

Aggrieved by the chancellor's judgment, Keith now appeals.

STANDARD OF REVIEW

¶ 6. Our review in matters of domestic relations is limited. Funderburk v. Funderburk, 909 So.2d 1241, 1243(¶ 3) (Miss.Ct.App.2005). "This Court will not disturb the chancellor's opinion when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Holloman *1036 v. Holloman, 691 So.2d 897, 898 (Miss.1996) (citations omitted).

DISCUSSION

I. Whether Keith is entitled to offset the ongoing monthly disability benefits against his child support obligations.

¶ 7. Keith first claims that the chancellor erred by failing to expressly order that he is entitled to offset the ongoing monthly disability benefits against his monthly child support obligation. Purvis does not contest this issue. Rather, she states in her appellate brief that Keith is clearly entitled to substitute the ongoing monthly disability benefits for his court-ordered child support obligation.

¶ 8. It is beyond dispute that Keith is entitled to offset the monthly disability benefits Jade receives against his monthly support obligation. Mississippi law is clear that social security benefits received by a minor child based on a non-custodial parent's retirement or disability are an alternate source of satisfying court-ordered child support obligations and are credited toward the discharge of those obligations. Bradley v. Holmes, 561 So.2d 1034, 1035 (Miss.1990) (social security retirement benefits); Mooneyham v. Mooneyham, 420 So.2d 1072, 1074-75 (Miss. 1982) (social security disability benefits). While the chancellor's order could have been more clearly worded, we find that Keith was not denied the right to offset the monthly disability benefits against his monthly support obligation. Rather, the order stated that Keith was not entitled to credit "for sums that will accrue over and above the ordered support of $350.00 per month as set forth in the 2000 Judgment of Paternity." Therefore, we find that the chancellor simply determined that Keith was entitled to offset the ongoing disability benefits against his monthly child support obligations up to, but not exceeding, the amount of his court-ordered obligation, which under the chancellor's order remains at $350 per month.

¶ 9. Because the amount of monthly disability benefits Jade receives ($900.40) exceeds the amount of Keith's monthly court-ordered support obligation ($350), the monthly disability benefits, as an alternative source of payment, completely satisfy Keith's monthly support obligation and will continue to do so unless or until the disability benefits cease or fall below the amount of Keith's monthly support obligation. Keith was not denied the relief he seeks under this assignment of error. Therefore, this issue is without merit.

II. Whether Keith is entitled to credit excess disability benefits against future child support obligations or, alternatively, to reimbursement for overpayment of his child support obligations.

¶ 10. From the outset we note that Keith has no child support arrearage. Instead, Keith's monthly child support obligation has been satisfied each month since the original support decree, whether through his payment of $350, Jade's receipt of disability benefits, or both. We commend Keith for faithfully meeting his obligations. However, for the reasons explained below, we find that Keith is entitled neither to credit any excess amounts against future support obligations nor to reimbursement for overpayment of his support obligations.

1. Excess as a Credit Against Future Support Obligations

¶ 11. Keith argues that he is entitled to credit any amounts by which the monthly disability benefits received by Jade exceed his monthly support obligation against future support obligations *1037 arising after Jade reaches the age of eighteen and social security benefits cease. We disagree.

¶ 12. Social security benefits may be credited against a non-custodial parent's support obligation up to the amount of the support obligation. See Mooneyham, 420 So.2d at 1074 (quoting Mask v. Mask, 95 N.M.

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Bluebook (online)
982 So. 2d 1033, 2008 WL 2169682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-v-purvis-missctapp-2008.