JOHNNIE BEST, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF CHILD SUPPORT SERVICES, EX REL. KIMBERLY MARIE DONALDSON, APPELLEE

Fla. 2d DCA | 1988-07-20
No. 87-2840
CAMPBELL, C.J., and SCHEB, J., concur.
528 So. 2d 532 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 1 case

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Holding

The receipt of social security benefits by a child does not automatically reduce the obligor parent's child support obligation.

Facts & Procedural History

Appellant was ordered to pay child support. Subsequently, the child began receiving social security benefits based on appellant's disability. Appellan…

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Topics
Social Security Benefits Change In Circumstances Child Support Modification

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Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

Appellant, Johnnie Best, appeals the denial of his petition to reduce child support payments by the amount of social security benefits being received by the child. We affirm.

Appellant is required to make child support payments pursuant to a final judgment of paternity entered in August, 1985. Subsequent to the entry of this judgment, the appellant petitioned the Social Security Administration for financial benefits for the child based on his total permanent disability. The Administration began paying the child’s mother periodic disability benefits in November, 1986. The mother also received a retroactive lump sum payment on the child’s behalf.

We agree that the mother’s receipt of the benefits does not give rise to an automatic reduction of the support payment. See § 61.14, Fla.Stat. (1987); Lee v. Lee, 157 Fla. 439, 26 So. 2d 177 (Fla.1956). Therefore, we affirm the order denying the petition without prejudice to appellant to seek modification based on a change of his financial circumstances or a change in the child’s needs subsequent to entry of the final judgment.

Appellant’s remaining point on appeal is without merit.

Affirmed.

CAMPBELL, C.J., and SCHEB, J., concur.

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Citator

Cited By

  • Williams v. Williams, 560 So. 2d 308 (Fla. 1st DCA 1990)
    …decisions coming to our attention that even discuss the application of social security benefits to a child support obligation are Cohen v. Cohen, 246 So. 2d 581 (Fla. 3d DCA 1971), and Best v. State, Department of Health and Rehabilitative Services, 528 So. 2d 532 (Fla. 2d DCA 1988). We distinguish Cohen, however, because the child support obligation in that case grew out of a property settlement and became a debt of the estate after the father’s death. A payment obligation (whether for support or otherwise)…

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