Marriage of Meek, In re, s. 80CA0810
| Decision Date | 21 July 1983 |
| Docket Number | Nos. 80CA0810,80CA0811,s. 80CA0810 |
| Citation | 669 P.2d 628 |
| Parties | In re the MARRIAGE OF Elizabeth A. MEEK, Appellee, and Harold S. Meek, (Ellen B. Meek, Personal Representative of the Estate of Harold S. Meek, deceased, Substitute Respondent), Appellant. In the Matter of the ESTATE OF Harold S. MEEK, a/k/a H. Stanley Meek, Deceased and Ellen B. Meek, Personal Representative, Appellant, v. Elizabeth MEEK, as next friend of Sherry L. Meek, Appellee. . III |
| Court | Colorado Court of Appeals |
Charles H. Sandhouse, Sterling, for appellee Elizabeth A. Meek.
Francis A. Benedetti, Wary, for appellant Harold S. Meek.
Ellen Meek (widow), as personal representative for the intestate estate of Howard Meek (Meek), appealed entry of an order for lump-sum payment of $6,000 as commuted child support for Sherry Meek (Sherry), decedent's thirteen-year-old child by his former spouse, Elizabeth Marr (mother). Widow also appealed the trial court's denial of her motion for a family allowance. We remanded both orders for entry of finding of facts with sufficient specificity to permit appellate review. The trial court, after reviewing its record, entered specific findings of facts and, based thereon, changed its conclusions and awards. The trial court vacated the commutation of child support and revoked the continuing obligation of support. It also entered an award for family allowance in the sum of $6,000 to be distributed in the sum of $5,000 to widow and $1,000 to Sherry. Sherry seeks reversal of both amended orders. The amended orders are affirmed.
In the dissolution of marriage action, Meek, upon stipulation, had been ordered to pay $50 monthly for the support of Sherry. Following Meek's death, mother successfully sought to have widow, as personal representative for the estate, substituted as a party in the dissolution of marriage action. The widow then moved to terminate the order of support, claiming that Sherry's entitlement to social security survivor's benefits as a result of Meek's death ($380.77 per month at time of trial), as well as her entitlement to the proceeds of Meek's life insurance policies satisfied Meek's obligation to support.
The trial court consolidated the motions in the dissolution action and in the probate matter for hearing. In response to widow's motion to terminate support, mother testified to receipt of Sherry's survivor's benefits and her ability to set aside money from the benefits for future use. She also testified to concern about future increased needs of Sherry. Mother then orally moved the court to award a lump-sum for Sherry's continued support.
Unless otherwise agreed to in writing or expressly provided for in the decree, the obligation to provide support for a child is not automatically terminated by the death of the supporting parent. The amount of child support may be modified, revoked, or commuted to a lump-sum payment by the court, to the extent just and appropriate in the circumstances. Section 14-10-122(3), C.R.S.1973. The issue before us is whether social security payments made to a dependent child as a result of the supporting parent's death must be considered by the court on a motion to terminate or modify its order for child support.
Social security death benefits represent money earned and contributed through the efforts of a working parent or spouse, which payments, like proceeds on an insurance policy, substitute as income to the worker's family should he or she die or become disabled. Gibson v. Gibson, 110 Mich.App. 666, 313 N.W.2d 179 (1981). As such, the benefits to which Sherry is entitled as a result of her father's death must be viewed as payments in the nature of support. Therefore, her entitlement to survivor's benefits is a relevant circumstance which the court must...
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Brewer v. Brewer
...even though the payments are received on account of the death of the noncustodial parent. As the court pointed out in In re Marriage of Meek, 669 P.2d 628 (Colo.App.1983), Social Security death benefits represent money earned and contributed through the efforts of a working parent or spouse......
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...McClaskey v. McClaskey, 543 S.W.2d 832 (Mo.Ct.App.1976); Schulze v. Jensen, 191 Neb. 253, 214 N.W.2d 591 (1974); In re Marriage of Meek, 669 P.2d 628 (Colo. Ct.App. 1983); Mask v. Mask, 95 N.M. 229, 620 P.2d 883 (1980); Romero v. Romero, 101 N.M. 345, 682 P.2d 201 (Ct.App.1984); Children & ......
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ARTICLE 10
...the supporting parent's death must be considered by the court on a motion to terminate or modify its order for child support. In re Meek, 669 P.2d 628 (Colo. App. 1983). Voluntarily accepted reduction due to temporarily reduced income not relevant. The fact that a custodial parent has volun......