Sabbia v. State, Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Sabbia v. State, Department of Health & Rehabilitative Services

645 So. 2d 148, 1994 Fla. App. LEXIS 11150, 1994 WL 645483

CourtDistrict Court of Appeal of Florida

DecidedNovember 18, 1994

DocketNo. 93-2832

StatusPublished

This text of 645 So. 2d 148 (Sabbia v. State, Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sabbia v. State, Department of Health & Rehabilitative Services, 645 So. 2d 148, 1994 Fla. App. LEXIS 11150, 1994 WL 645483 (Fla. Ct. App. 1994).

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Opinion

ERVIN, Judge.

Appellant, Joseph F. Sabbia, appeals from an order entered by the Department of Health and Rehabilitative Services, which found him ineligible to receive food stamp benefits, because his income exceeded the maximum ceiling for eligibility. In so finding, the department included in Mr. Sabbia’s household income calculation social security disability benefits which Mr. Sabbia has directly deposited into his former wife’s bank account for court-ordered child support. Mr. Sabbia argues that the money should have been excluded from his income calculation based on section 2014(d)(6) of Title 7 of the United States Code, which recognizes an exclusion for “moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member.” We do not agree. The language of this exclusion has been construed as not encompassing child support payments. See Fredericks v. Pennsylvania Dep’t of Pub. Welfare, 69 Pa.Cmwlth. 315, 451 A.2d 12 (1982); Stevens v. Jackson, 800 F.Supp. 344 (W.D.Va. 1992); J.S. v. New Jersey Dep’t of Human Servs., 274 N.J.Super. 314, 644 A.2d 118 (App.Div.1994). Cf Heath v. Secretary, for Cabinet for Human Resources, 704 S.W.2d 659 (Ky.Ct.App.1985).

AFFIRMED.

JOANOS and BARFIELD, JJ., concur.

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ERVIN, Judge.

Appellant, Joseph F. Sabbia, appeals from an order entered by the Department of Health and Rehabilitative Services, which found him ineligible to receive food stamp benefits, because his income exceeded the maximum ceiling for eligibility. In so finding, the department included in Mr. Sabbia’s household income calculation social security disability benefits which Mr. Sabbia has directly deposited into his former wife’s bank account for court-ordered child support. Mr. Sabbia argues that the money should have been excluded from his income calculation based on section 2014(d)(6) of Title 7 of the United States Code, which recognizes an exclusion for “moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member.” We do not agree. The language of this exclusion has been construed as not encompassing child support payments. See Fredericks v. Pennsylvania Dep’t of Pub. Welfare, 69 Pa.Cmwlth. 315, 451 A.2d 12 (1982); Stevens v. Jackson, 800 F.Supp. 344 (W.D.Va. 1992); J.S. v. New Jersey Dep’t of Human Servs., 274 N.J.Super. 314, 644 A.2d 118 (App.Div.1994). Cf Heath v. Secretary, for Cabinet for Human Resources, 704 S.W.2d 659 (Ky.Ct.App.1985).

AFFIRMED.

JOANOS and BARFIELD, JJ., concur.

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645 So. 2d 148, 1994 Fla. App. LEXIS 11150, 1994 WL 645483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabbia-v-state-department-of-health-rehabilitative-services-fladistctapp-1994.

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