State Ex Rel. Department of Social Services Division of Child Support Enforcement v. Kost

964 S.W.2d 528, 1998 Mo. App. LEXIS 404, 1998 WL 99317
CourtMissouri Court of Appeals
DecidedMarch 10, 1998
DocketWD 54162
StatusPublished
Cited by11 cases

This text of 964 S.W.2d 528 (State Ex Rel. Department of Social Services Division of Child Support Enforcement v. Kost) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Department of Social Services Division of Child Support Enforcement v. Kost, 964 S.W.2d 528, 1998 Mo. App. LEXIS 404, 1998 WL 99317 (Mo. Ct. App. 1998).

Opinion

ULRICH, Chief Judge.

Danny Kost appeals from the decision of the trial court setting his monthly child support payment at $612.07. As his sole point on appeal, Mr. Kost contends that the trial court erred in ordering him to pay the Form 14 child support amount where the Form 14 did not account for the supplemental security income (SSI) benefits received by the parties’ disabled child and where his support obligation when added to the SSI benefits exceeded the children’s combined child care expenses on the Form 14. The decision of the trial court is affirmed.

FACTS

Danny Kost (“Father”) and Wendy Kost (“Mother”) were granted a dissolution of marriage on July 27, 1992. Mother was granted custody of the two minor children bom of the marriage, and Father was ordered to pay $101.00 per child per month as child support. The Division of Child Support Enforcement filed a Motion for Modification of Child Support on behalf of Mother on August 15,1995. The Form 14 filed with the *529 court set Father’s presumed child support obligation at $612.07. In accordance with the instructions for completing the Form 14, Mother did not include in her gross income the SSI benefits received by their minor child, Cory, due to his having Down’s syndrome. 1 Cory receives monthly SSI benefits of $328.67.

An administrative child support order was entered on January 18,1996, setting Father’s child support obligation at $612.07. Father filed a petition for judicial review of the administrative order. Father argued that he should receive a credit on his child support obligation for the SSI benefits received by Cory. The circuit court found on January 16, 1997, that the child support guidelines were not followed in computing the Form 14 because the SSI benefits paid for Cory’s benefit were not considered. The court ordered a trial de novo.

The circuit court conducted a hearing on February 19, 1997. Mother testified that Cory requires extensive medical treatment and needs medical care at least once a month for ailments related to Down’s syndrome. Mother stated, however, that Cory had not seen a doctor since September 1996. Mother further testified that Cory also has special educational needs. Although Cory attends public schools, Mother was required to purchase Cory a desk and must routinely purchase additional books and puzzles to help him learn to count and read. In the last year, Mother spent $1,000 on these additional supplies. Based on this evidence, the trial court accepted Mother’s Form 14 and ordered Father to pay $612.07 per month as child support, the presumed child support determined by Mother’s completed Form 14. This appeal followed.

FATHER IS NOT ENTITLED TO A CREDIT ON HIS CHILD SUPPORT OBLIGATION FOR THE SSI BENEFITS RECEIVED BY THE PARTIES’ DISABLED CHILD

As his sole point on appeal, Father contends that the trial court erred by ordering him to pay the Form 14 presumed child support amount where the Form 14 did not account for the SSI benefits received by the parties’ disabled child and where Father’s support obligation when added to the SSI benefits exceeded the children’s combined child care expenses reflected by the Form 14.

The purpose of child support is to provide for the needs of the children bom to the union of the parties. Weaks v. Weaks, 821 S.W.2d 503, 505 (Mo. banc 1991); State ex rel. Division of Family Services v. Ruble, 684 S.W.2d 949, 950 (Mo.App.1985). In determining the proper amount of child support, the trial court balances the needs of the children and the ability of the noncustodial parent to pay. Weaks, 821 S.W.2d at 505; Wise v. Crawford, 695 S.W.2d 487 (Mo.App.1985). Factors that the trial court must consider include the financial resources and needs of the children and parent. Rule 88.01. “There is a rebuttable presumption that the amount of child support calculated pursuant to Civil Procedure Form No. 14 is the amount of child support to be awarded in any judicial or administration proceeding for ... child support.” Rule 88.01. That presumption is rebutted where a party makes a showing that the presumptive child support award “is unjust or inappropriate.” Rule 88.01.

The trial court ordered Father to pay $612.07, the presumptive amount of child support calculated pursuant to the court adopted Form 14. Father argues, based on Weaks v. Weaks, 821 S.W.2d 503 (Mo. banc 1991), that the presumptive child support amount was unjust and inappropriate because it did not account for the SSI benefits received by Cory. In Weaks, the Missouri Supreme. Court, held that a father was entitled to credit on his child support obligation for the social security disability benefits received by him and his three children for the father’s disability. Id. at 505. The court *530 noted that social security disability benefits paid to the custodial parent for the benefit of the minor children were analogous to an insurance police with a private carrier in that “a father insures against his possible future disability and loss of gainful employment by providing for the fulfillment of his moral and legal obligations to his children.” Id. (quoting Andler v. Andler, 217 Kan. 538, 538 P.2d 649, 653 (1975)). The court concluded that “[t]he benefits [the mother] received on behalf of the children were a substitute for [the father’s] income and therefore should be credited to satisfy his support obligation.” Id. at 507; accord In re Marriage of Amos, 843 S.W.2d 946, 955 (Mo.App.1992).

Father’s reliance on Weaks is misplaced, however, because Cory’s SSI benefits are not premised upon Father’s future employment and they do not substitute for the father’s loss of earnings or support. Only a few states have addressed the issue presented here. The majority of jurisdictions hold that a parent is not entitled to a credit in his child support obligation for SSI benefits received on behalf of a disabled child. See Hollister v. Whalen, 663 N.Y.S.2d 918, 918 (1997); Bennett v. Commonwealth of Virginia , 22 Va.App. 684, 472 S.E.2d 668, 673 (1996); Kyle v. Kyle, 582 N.E.2d 842, 846 (Ind.App.1991); In re Marriage of Thornton, 802 P.2d 1194, 1196 (Colo.App.1990); Oatley v. Oatley, 57 Ohio App.2d 226, 387 N.E.2d 245, 246 (1977).

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Bluebook (online)
964 S.W.2d 528, 1998 Mo. App. LEXIS 404, 1998 WL 99317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-social-services-division-of-child-support-moctapp-1998.