Coulon v. Coulon

915 P.2d 1069 (Utah Ct. App. 1996); No. 950358-CA (Utah Ct. App. Apr. 18, 1996). ; Clearinghouse Number: 51158

Description

SSI Benefit Amount Exceeding Child Support Obligation May Not Be Used to Offset Child Support Arrearage Accrued Before Obligor’s Disability

Abstract

The Utah Court of Appeals has reversed and remanded the trial court’s judgment allowing defendant noncustodial father’s child support arrearage to be offset by SSI payments made to his children on his behalf. When the parties were divorced, plaintiff custodial mother was granted use and possession of the marital home, and defendant was ordered to pay $400 per month in child support. After five years, the home was to be sold and the equity equally divided or plaintiff was to buy out her half of the home’s equity value from defendant. Later, defendant’s lien on the marital home was reduced to $3,800 after being offset against his child support arrearage at that time, and his child support obligation was reduced to $300 per month. When defendant became disabled, plaintiff began receiving SSI benefits in excess of $300 per month on behalf of the parties’ two minor children. When defendant brought an order to show cause to collect his $3,800 lien on the marital home, plaintiff responded with her own order to show cause to collect unpaid child support, determined by the trial court to be $33,600. However, the court allowed defendant’s child support arrearage to be offset against the total SSI payments, thereby reducing it to $988. The court offset this amount against defendant’s $3,800 lien, resulting in a net judgment against plaintiff of $2,812. Reversing, the appellate court held that state law allows SSI payments to be credited toward an obligor’s ongoing child support obligation; however, SSI benefits exceeding the court-ordered child support obligation for the same period may not be credited toward previously accrued arrearage so as not to allow the obligor to avoid responsibility for providing for the minor children’s current needs. Plaintiff’s claim for child support accrued outside the statute of limitations may be used to offset defendant’s lien on the marital home. Plaintiff may offset defendant’s $3,800 lien against her $4,800 claim accrued beyond the statute of limitations, but only to the extent that the claims are equal. Plaintiff may collect $4,800 from defendant for child support arrearage that accrued within the statute of limitations and predated the receipt of SSI benefits.

Additional Information

Docket Date
1996-04-18 00:00:00+00:00

Files

Filed under: