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Justices decline to apply dollar for dollar credit for Social Security retirement benefits

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The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.

Eric and Gillian Johnson divorced in 1999 and have two children. Gillian Johnson has physical custody and they share legal custody. Eric Gillian had to pay $90 per week per child for support, maintain health insurance for the children, and the two agreed to each pay 50 percent of the uninsured health care expenses.

After Eric Johnson retired, his ex-wife added the two children to her work insurance policy. But the parties disagreed as to the amount of credit Gillian Johnson was owed in the child support calculation because of the cost to insure the two children. Complicating the matter is a third child she had with a different man outside of her marriage with Eric Johnson. She was on the family plan to insure everyone; Eric argued that she should be on the individual plus one plan and awarded a credit equal to the difference between that plan and the family plan - $26.75 per week. She claimed her credit should be $76.67 per week, two-thirds of the cost of insuring all three of the children.

He also received Social Security Retirement benefits and wanted to credit that amount against his child support obligation.

The trial court credited Eric Johnson for the children’s Social Security benefits by including them in his ex-wife’s weekly adjusted income; the court also gave her the health insurance credit of $76.67 per week, reducing Eric Johnson’s child support obligation by $12 per week.

The justices affirmed the trial court on these two matters, finding its approach to be appropriate in light of the flexibility afforded by the Indiana Child Support Guidelines.

“In sum, while we acknowledge that other trial courts might approach this issue differently, when the Guidelines do not explicitly dictate a bright-line procedure to be followed our standard of review is flexible enough to permit the trial court judge to fashion child support orders that are tailored to the circumstances of the particular case before them and consequently reflect their best judgment. Here the trial court fashioned a solution that it believed was equitable to the parties and we are not left with a firm conviction that a mistake was made by its doing so. We therefore affirm the trial court with respect to the credit Gillian received for her health insurance premium costs,” Justice Steven David wrote in Richard Eric Johnson v. Gillian Wheeler Johnson, 49S05-1303-DR-199.

The justices also rejected Eric Johnson’s argument that he should receive a dollar for dollar credit for his retirement benefits, effectively negating his child support obligation, because that is expressly prohibited by Stultz v. Stultz, 659 N.E.2d 125 (Ind. 1995), and Thompson v. Thompson, 868 N.E.2d 862, 865 (Ind. Ct. App. 2007).

“Essentially, he is asking us to revisit Stultz and hold that the entitlement owed to his children by the government should relieve him of his financial obligation to provide support. This we will not do,” David wrote.

The justices summarily affirmed the Indiana Court of Appeals as to the remaining issues in the case.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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