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State v. C.B.

Court of Appeal of Louisiana, Fifth Circuit

October 29, 2014

STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES IN THE INTEREST OF B.B.
v.
C.B

Editorial Note:

This Decision is not final until expiration of the fourteen day rehearing period.

ON APPEAL FROM THE JEFFERSON PARISH JUVENILE COURT PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 03-NS-1050, DIVISION " B" . HONORABLE ANDREA PRICE JANZEN, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson, JOHN D. FITZMORRIS, JR., ANN KIRK JACOBS, ASSISTANT DISTRICT ATTORNEYS, Harvey, Louisiana, COUNSEL FOR THE STATE OF LOUISIANA.

AARON J. WEIDENHAFT, ATTORNEY AT LAW, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Hans J. Liljeberg.

OPINION

HANS J. LILJEBERG, J.

Page 851

[14-360 La.App. 5 Cir. 2] Defendant, C.B.,[1] seeks review of the juvenile court's denial of his request for credit against his child support obligation for a lump sum payment of social security benefits received by his minor child, B.B. For the following reasons, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

The minor child's mother, D.G., filed for divorce from C.B. in 1999. On June 12, 2003, the State of Louisiana, Department of Social Services (" the State" ), filed a Petition for Child Support against C.B., seeking support and health insurance coverage for B.B., born December 21, 1998, with D.G. as the recipient. In December of 2003, C.B. entered into a family support order which obligated him to pay $443.00 per month in child support to D.G.

[14-360 La.App. 5 Cir. 3] In February of 2005, C.B. was injured while he was stationed in Iraq with the Louisiana National Guard. According to C.B., he received a 100% disability rating and began receiving social security disability benefits in July of 2007. In January of 2009, D.G. was notified that B.B. was entitled to monthly child's benefits from the Social Security Administration due to her father's disability, effective August of 2005. D.G. was informed that she would be paid social security benefits for B.B. at a rate of $702.00 per month. D.G. also received a lump sum payment of $26,382.00 from the Social Security Administration for the benefits B.B. was entitled to from August of 2005 through December of 2008. On May 8, 2009, the juvenile court dismissed the child support case against C.B., based on receipt of the $26,382.00 lump sum payment and the ongoing social security payments in the amount of $702.00 per month.

In January of 2012, the monthly social security benefits received by D.G. for B.B. were reduced to $242.00 per month as a result of the birth of C.B.'s second child. On March 15, 2012, the State filed a Rule for Medical Support and Child Support against C.B. at D.G.'s request.

A hearing to establish support was held before the hearing officer for the juvenile court on July 6, 2012, and the hearing officer recommended that C.B. be ordered to pay $860.00 per month to D.G. for B.B.'s support, effective July 15, 2012, and retroactive to the date of filing, March 15, 2012. This recommendation was made a temporary order of the court. C.B. disagreed with the inclusion of private school tuition in the order of child support and requested a hearing before the juvenile court judge. After a disagreement hearing on October 29, 2012, the ...


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