EDWARD W. MASLOW, APPELLANT,
v.
JULIANNE M. EDWARDS AND DEPARTMENT OF REVENUE, APPELLEE
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Edward Maslow appealed orders modifying his child support obligation and establishing arrearages. The court affirmed the modification but found a mathematical error in how veteran's disability benefits for the minor child were credited toward Maslow's support obligation, requiring recalculation on remand.
The court affirmed the modification of child support but reversed and remanded because the $159 veteran's disability benefit paid for the child's benefit should be included in Maslow's total income for child support calculation purposes, and the benefit should then be credited toward his support obligation rather than simply added to it.
[1] Veteran's disability benefits paid to a parent for a minor child are included in the parent's income for child support guideline calculations.
[2] Dependent benefits received by a disabled parent are credited toward that parent's child support obligation.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“when a parent is receiving social security disability due to the disability and, as a result, his or her children receive independent benefits, the total benefits received by or on behalf of that parent are attributed to the disabled parent as income in the child support guideline calculation. The dependent benefits are then credited toward the disabled parent's obligation, that is, they are a payment of the obligation on behalf of the disabled parent.”
Establishes the correct method for treating dependent benefits in child support calculations, which the trial court failed to follow.
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Join FLexlaw to unlock all legal intelligenceMaslow received veteran's disability benefits of $440 per month for himself and an additional $159 per month for the minor child. The trial court calc…
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REVISED OPINION
Appellant, Edward Maslow [“Maslow”], pro se, appeals an order modifying his child support obligation and a second order establishing his child support arrearages, payable to Appellee, Julianne Edwards, the child’s mother. We find no error and affirm as to all issues Maslow raises. However, there does appear to be an error in the mathematical calculation used to determine the amount of child support.
At trial, Maslow introduced into evidence documentation showing that he was receiving veteran’s disability benefits of $440 per month for himself and an additional monthly benefit of $159 for the minor child who is the subject of the child support proceeding. According to the Florida Department of Revenue, veteran’s benefits for minor children are paid to the veteran directly.
At the close of the hearing, the trial court determined that Maslow’s monthly disability income was $440 per month. The trial court then calculated that Mas-low was obligated to pay 21% of child support, and this figure was found to be $157.1 The court then added this figure to the $159 per month that Maslow received directly for the child’s support to get a total of $316. It appears, however, that the amount received for the benefit of the child should be accounted for differently. In Wallace v. Dep’t of Revenue ex rel. Cutter, 774 So.2d 804 (Fla. 2d DCA 2000), the court explained:
[W]hen a parent is receiving social security disability due to the disability and, as a result, his or her children receive independent benefits, the total benefits received by or on behalf of that parent are attributed to the disabled parent as income in the child support guideline calculation. The dependent benefits are then credited toward the disabled parent’s obligation, that is, they are a payment of the obligation on behalf of the disabled parent. If the benefits are less than the support obligation, the disabled parent must pay the difference. If they are more, the benefits pay the obligation in full, but any excess inures to the benefit of the children.
Although this case involves disability benefits paid by the Veteran’s Administration, rather than benefits paid by Social Security, there does not appear to be any reason to treat the two situations differently. The $159 paid to Maslow for the benefit of his son should be included in Maslow’s income and the total family income figure.2 Accordingly, we affirm in part and reverse in part and remand for recalculation of child support and arrear-ages in a manner consistent with this opinion.
*301AFFIRMED in part; REVERSED in PART; and REMANDED.
ORFINGER and LAWSON, JJ., concur.
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Kemper v. Dep't OF Revenue o/b/o Joyce Lynn Kemper, 159 So. 3d 303 (Fla. 5th DCA 2015)…ding that SSDI is attributable to a parent’s income and that the benefit the [*305] child receives as a result of the parent’s disability is also attributable to the parent as income under the child-support-guideline calculation); Maslow v. Edwards, 59 So. 3d 299, 300 (Fla. 5th DCA 2011) (holding that veteran’s disability benefits a child receives are attributed to the parent’s income and noting that the parent’s veteran’s disability income was attributed as income). We conclude that SSI is also a disabilit…
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Maslow v. Dep't OF Revenue o/b/o Julianne M. Edwards, 92 So. 3d 311 (Fla. 5th DCA 2012)…PER CURIAM. Edward Maslow appeals the trial court’s order recalculating his child support obligation and arrearages. In doing so, he misperceives the effect of our remand in Maslow v. Edwards, 59 So. 3d 299 (Fla. 5th DCA 2011). There, we concluded that the trial court had failed to apply the correct formula in determining Maslow’s child support obligation, but affirmed as to all other issues raised by Maslow. On remand, the trial court complied with ou…
Authorities Cited
- Wallace v. Dep't OF Revenue, 774 So. 2d 804 (Fla. 2d DCA 2000)