Windham v. State ex rel. Windham
| Decision Date | 19 December 1990 |
| Citation | 574 So.2d 853 |
| Parties | Harold WINDHAM v. STATE of Alabama ex rel. Emily WINDHAM. Civ. 7809. |
| Court | Alabama Court of Civil Appeals |
J. McGowin Williamson of Williamson & Williamson, Greenville, for appellant.
William Prendergast and Lois Brasfield, Asst. Attys. Gen., for appellee.
The parties were divorced in 1979, and custody of their three children was awarded to the mother. The father was ordered to pay child support in the amount of $100.00 per month per child. After an ore tenus proceeding concerning the father's failure to pay court-ordered child support, the trial court found that the father was in contempt of court. The trial court found that the father's support arrearage, as determined in 1985, was $9,800 and that an additional obligation of $2,200 had accrued between July 1985 and March 1986. Although the father argued that he should be allowed a credit for Social Security benefits paid to his children due to his disability, the trial court found that, based on applicable law, no such credits were permitted. The father appeals.
The record, in pertinent part, reveals the following: In 1984, the mother assigned her right to receive support to the state of Alabama. The state then filed its first contempt petition, contending that the father was in arrears as of October 15, 1984, in the amount of $18,000. The trial court found that the father was delinquent in his child support payments and entered a judgment against him in the amount of $10,000 as of October 15, 1984. This amount was based on an agreement between the parties.
In June 1985, the state filed a second contempt petition, whereupon the trial court found that the father had not paid all of his child support arrearage, and that as of June 24, 1985, he owed a total of $10,900. The court ordered him to pay $1,100 immediately in order to purge himself of contempt, leaving an arrearage of $9,800. He was ordered by the court to continue paying his $300 per month child support plus an additional $200 per month toward his arrearage.
The record further reveals that the father has not paid the $9,800 arrearage determined to be due in June 1985. Furthermore, for the eight-month period between June 1985 and March 1986, he only made one $200 payment, and, after March 1986, the father had not made any support payments.
The record also reveals that the father was injured in a work-related accident. In 1989, the Social Security Administration declared him totally disabled as of March 1986, and paid him approximately $24,000 in back benefits. Likewise, the Social Security Administration compensated the children back to March 1986. Also, monthly benefits are presently being paid to the remaining minor child. The record also reveals that the father received a check for his share of a lawsuit settlement in a net amount of approximately $95,000.
On appeal the father presents two issues for our review; however, only one is supported by any authority. See Rule 28, Alabama Rules of Appellate Procedure. Therefore, the only issue properly raised on appeal is whether the trial court erred by not giving the father credit for (1) the Social Security benefits paid to his children due to his disability, and (2) those periods of time when the children lived with him.
The father contends that the children received more money through Social Security benefits than they would have received had he paid his court-ordered support. Therefore, he argues that the excess should be applied towards the arrearage that the court determined was due. We disagree.
In Binns v. Maddox, 57 Ala.App. 230, 327 So.2d 726 (Ala.Civ.App.1976), this court stated that an order of support is for the benefit of the children. If the amount due is paid by the government through Social Security benefits on account of the father, then the purpose of the support order is accomplished. Bowden v. Bowden, 426 So.2d 448 (Ala.Civ.App.1983). Therefore, in Bowden we found that the father could be credited with such payments against his liability under the decree. However, we further found that any excess of the Social Security benefits received over the amount set out in the child support order was not due to be credited. Bowden, supra.
Here, the trial court did not find that the...
To continue reading
Request your trial
-
Brewer v. Brewer
...to credit for Social Security benefits paid for a child's benefit on account of the obligor's disability. See, Windham v. State ex rel. Windham, 574 So.2d 853 (Ala.Civ.App.1990); Binns v. Maddox, 57 Ala.App. 230, 327 So.2d 726 (1976); Horton v. Horton, 219 Ga. 177, 132 S.E.2d 200 (1963); Fa......
-
Pontbriant v. Pontbriand
...of states that have considered this issue allow a credit for Social Security benefits paid to dependent children. Windham v. State, 574 So.2d 853 (Ala.Civ.App.1990) (citing Binns v. Maddox, 57 Ala.App. 230, 327 So.2d 726 (1976)); Cash v. Cash, 234 Ark. 603, 353 S.W.2d 348 (1962); Lopez v. L......
-
Clark v. Clark
...[his or her] date of disability would be[,] in essence, requiring the children to purge the [obligor] of contempt." Windham v. Alabama, 574 So.2d 853, 855 (Ala.Civ.App.1990). We are not faced with this issue and do not decide Doe, 92 Hawai`i at 286 n. 9, 990 P.2d at 1168 n. 9 (some brackets......
-
Ex parte Barlow
...Social Security benefits on account of the father, then the purpose of the support order is accomplished." Windham v. State ex rel. Windham, 574 So.2d 853, 855 (Ala.Civ.App.1990). The rationale of these decisions is persuasive. I would hold that social security disability payments made on b......