ILNews

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

Back to TopCommentsE-mailPrint

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT