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Court rules on inclusion of survivor benefits in child support obligation

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The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.

In Fred N. Martinez v. Susan K. Deeter, No. 32A01-1108-DR-359, ex-spouses Fred Martinez and Susan Deeter appealed the trial court’s ruling on how much child support Martinez owed Deeter for 2007 and whether their children’s survivor benefits should be included in the calculation of Deeter’s weekly gross income for child support purposes.

Martinez and Deeter have three children, who lived with Deeter. She remarried and when her husband passed away, she and the two youngest children received survivor benefits in August 2007. Previously, they were receiving disability benefits, but could not receive both. That same year, the oldest child began living with Martinez.

The trial court included the children’s survivor benefits when determining how much child support Martinez owed.

On appeal, Martinez argued that the trial court erred in calculating the child support owed on his 2007 bonuses, by failing to adjust his effective tax rate and by making inconsistent findings. The Court of Appeals agreed, ordering the trial court to take another look at the matter. The trial court made conflicting findings that Martinez both owed $51,000 and he owed more than $7,200 in child support for 2007. The judges ordered the trial court recalculate his 2007 child support obligation and clarify the issue on remand whether the trial court intended to use his proposed adjusted tax rate.

Deeter argued on appeal that the court erred in using the survivor benefits from the children in her weekly gross income and in denying her request for attorney fees. The appellate court found different language in the guidelines and the commentary regarding survivor benefits – the guideline excludes “survivor benefits received by or for other children residing in either parent’s home” and the commentary excludes “survivor benefits paid to or for the benefit of their children.”

The COA found the language of both indicates that survivor benefits received by or for children aren’t includable in a parent’s weekly gross income. Inclusion of those benefits would result in a windfall to Martinez. This will require the trial court to recalculate the child support from 2007 through the present time.

The judges also ordered Deeter’s attorneys to provide clear authority to the trial courts, if any exists, to support the withholding of their attorney fees from Deeter’s child support judgment. The trial court ordered the child support judgment in her favor be paid first to her attorneys. The COA also directed the trial court on remand to recalculate the appropriate ratio of post-secondary education expenses to be paid by the parents.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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