Opinion

Abbett v. Treadwell

  • 816 So. 2d 477
  • 2000 WL 1763404
Court
Court of Civil Appeals of Alabama
Filed
Dec 1, 2000
Status
Published
Author
Crawley
On the bench
Crawley, Monroe
Cited by
4 cases
Authority
More cited than 15.1%

noting that this court has general superintendence and control of trial courts in domestic-relations matters under Ala.Code 1975, § 12-3-11

How later courts described this case

  • noting that this court has general superintendence and control of trial courts in domestic-relations matters under Ala.Code 1975, § 12-3-11
  • disapproving of circuit court’s labeling of postminority support as “spousal support” *386 to avoid reduction in Supplemental Security Income benefits payable to disabled adult child

Written by the judges who cited it.

The opinion

Although I concur in the result, I cannot allow the misleading of the Social Security Administration by the parties and the trial court to pass without comment. When a trial court ratifies the parties' agreement to label what is obviously support for an adult dependent child as "spousal support," so as not to reduce the child's Social Security disability benefits, it is condoning a fraud. See In re Marriage of Benson , 495 N.W.2d 777 (Iowa App. 1992):

"[SSI] is a social security program providing benefits to aged, blind and disabled individuals who have income and resources below certain statutory amounts. It is in the nature of a welfare program. . . . The purpose of [SSI] is to assure recipients' income is maintained at a level viewed by Congress as the minimum necessary for the subsistence of that individual. . . .

"Clearly [SSI] is a public assistance similar to aid to dependent families.

". . . .

". . . Like aid to dependent families, [SSI] is based on need and anticipates that it will only come into play if . . . children do not have sufficient support from their parents. We will not structure child support so as to make families eligible for either program. Eligibility for these programs should be determined after the courts have fixed reasonable child support based on the noncustodial parent's ability to pay ."

*Page 483

In re Marriage of Benson , 495 N.W.2d at 781, 782 (emphasis added) (citations omitted).

This court has "general superintendence and control" of the trial courts in domestic-relations matters. See Ala. Code 1975, § 12-3-11 . We do not comply with our statutory duty by remaining silent in the presence of fraud.

Thompson, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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