Barnes v. Dep't of Human Servs.


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Docket Number: 2009-CA-00438-SCT
Linked Case(s): 2009-CA-00438-SCT

Supreme Court: Opinion Link
Opinion Date: 06-03-2010
Opinion Author: Dickinson, J.
Holding: Affirmed in part, reversed and remanded in part.

Additional Case Information: Topic: Paternity - Child support - Social security income payments - 42 U.S.C. 407 - Section 93-9-7 - 20 C.F.R. § 416.110 - Federal preemption - Section 43-19-101
Judge(s) Concurring: Carlson, P.J., Lamar, Kitchens and Chandler, JJ.
Dissenting Author : Randolph, J., with separate written opinion
Concurs in Result Only: Graves, P.J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 02-18-2009
Appealed from: Franklin County Chancery Court
Judge: Debbra K. Halford
Disposition: The chancellor ordered child support to be paid at the statutory guideline rate of fourteen percent. The chancellor also ordered Barnes to pay an additional amount toward arrearages, court costs and fees, as well as the cost of genetic testing. To collect these amounts, the court entered an order for withholding the amounts due from Barnes’s SSI benefits.
Case Number: 2008-129

  Party Name: Attorney Name:  
Appellant: Kenny Barnes a/k/a Kenneth Barnes




PATRICIA PETERSON SMITH



 

Appellee: Department of Human Services, State of Mississippi RUSSELL WILLIAM HOLMES  

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Topic: Paternity - Child support - Social security income payments - 42 U.S.C. 407 - Section 93-9-7 - 20 C.F.R. § 416.110 - Federal preemption - Section 43-19-101

Summary of the Facts: Kenny Barnes fathered a child out of wedlock. According to a determination made pursuant to Social Security guidelines, Barnes was mentally incompetent. After a paternity test established him as the father, the trial court ordered Barnes to pay child support in the amount of fourteen percent of his income, which consisted entirely of Supplemental Security Income payments, and entered an order of withholding. Barnes appeals.

Summary of Opinion Analysis: Barnes argues that the Social Security Act precludes use of SSI payments in calculating child support and that federal law protects his SSI benefits from garnishment or other legal process. Section 407 of Title 42 of the U.S. Code is clear that SSI payments are not subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. Because SSI payments are payments made by federal government, section 93-9-7 of the Mississippi Code includes SSI payments in the amount available for child support. The question thus is whether section 93-9-7 or federal law prevails. Before a state law governing domestic relations will be overridden, it must do major damage to clear and substantial federal interests. The question then is whether enforcement of a child-support order would impede Congress’ purpose in delivering SSI benefits. Pursuant to 20 C.F.R. § 416.110, SSI benefits are to assure a minimum level of income for people who are age 65 or over, or who are blind or disabled and who do not have sufficient income and resources to maintain a standard of living at the established Federal minimum income level. Pursuant to the Supremacy Clause, federal law preempts section 43-19-101, and SSI benefits are not subject to attachment, garnishment or other legal process to satisfy a child-support order. That being said, the federal statutes do not specifically prohibit a chancellor from using SSI benefits to calculate child support. Therefore, the chancellor is affirmed as to the award of child support. However, chancellors are not required to consider SSI benefits in determining whether and in what amount to award child support but must utilize discretion based on the facts of a particular case.


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