955 N.E.2d 236
Ind. Ct. App.2011Background
- Todd A. Anderson and Shauna Anderson divorced in 1995; they had one child, D.A., born 1994, with an initial weekly child support of $25.
- Todd became disabled in 2001 and began receiving $771 monthly Social Security disability benefits (SSD).
- D.A. began receiving $68 monthly from Todd’s SSD, totaling $9,314 by the petition date, including a $240 lump sum in 2001.
- On November 16, 2010, Todd filed a Petition to Modify Support Obligation and Apply Credit.
- At a February 28, 2011 hearing, the court credited the $240 lump sum against arrearage but denied credit for ongoing periodic SSD payments; ongoing support set at $19/week.
- Todd appeals arguing that periodic SSD payments should be credited against his pre-petition arrearage; the issue is whether full periodic SSD credits should apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit against pre-petition arrearage for periodic SSD payments? | Anderson argues Guideline 3(G)(5) allows full credit for periodic SSD. | Brown precludes retroactive credit against pre-petition arrearages. | Credit for periodic SSD payments is allowed; remand to compute amount. |
Key Cases Cited
- Brown v. Brown, 849 N.E.2d 610 (Ind.2006) (lump-sum SSD credits not retroactive to pre-petition arrearages)
- Hieston v. State, 885 N.E.2d 59 (Ind.Ct.App.2008) (SSD payments treated as child-support-related earnings)
- Reese v. Reese, 696 N.E.2d 460 (Ind.Ct.App.1998) (pure question of law standard of review)