174 So. 3d 1200
La. Ct. App.2015Background
- DCFS filed to establish paternity and support for minor Mattheus, alleging Kristopher Peters was the father; Kristopher did not answer or participate in testing.
- Family court entered default and ultimately declared Kristopher the biological father and ordered child support of $200/month (plus paternity test costs).
- Family court’s support worksheet deducted $508 from the parties’ basic support obligation as an "extraordinary adjustment"—this amount represented Social Security benefits Mattheus received based on Monica’s earnings.
- DCFS moved for a new trial arguing the $508 should have been credited against Monica’s potential support obligation under La. R.S. 9:315.7(D), not deducted from the basic obligation; the motion was denied.
- DCFS appealed; the appellate court reviewed whether child’s Social Security benefits must be credited to the parent whose earnings produced the benefits rather than deducted from the basic obligation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper treatment of child’s Social Security benefits under La. R.S. 9:315.7(D) | DCFS: $508 should be credited against Monica’s potential obligation (benefits are based on her earnings) | Family court (effectively Kristopher): benefits were deducted from the basic support obligation of the parties | Court held benefits must be credited against the potential obligation of the parent upon whose earnings the benefits are based (Monica); not deducted from basic obligation |
| Correct monthly support amount for Kristopher | DCFS: recalculation needed after removing $508 deduction from basic obligation | Kristopher: defaulted/no defense; family court set $200/month | Court amended judgment: Kristopher’s support increased to $465.80/month based on correct worksheet calculation |
| Whether Monica owes support after credit | DCFS: credit may offset Monica’s potential obligation | Family court: treated benefit differently so Monica’s share not offset | Court held Monica’s calculated obligation ($420.08) is fully offset by the $508 credit; domiciliary parent thus owes nothing |
| Standard of review for child support calculation | DCFS: trial court erred in statutory application | Kristopher: no contest/relied on trial court result | Court applied manifest error/abuse of discretion standard and found trial court erred in applying statute |
Key Cases Cited
- Verberne v. Verberne, 944 So.2d 620 (La. App. 1st Cir. 2006) (standard of review for child support orders)
- Campbell v. Campbell, 682 So.2d 312 (La. App. 1st Cir. 1996) (appellate scope when adjusting child support)
- Genusa v. Genusa, 30 So.3d 775 (La. App. 1st Cir. 2009) (interpretation that SSA benefits are credited against the potential obligation of the parent whose earnings produced benefits)
- Todtenbier v. Todtenbier, 48 So.3d 413 (La. App. 1st Cir. 2010) (application where credit exceeds potential obligation and domiciliary parent owes nothing)