Opinion
No. 2-108 / 01-1093.
Filed July 3, 2002.
Appeal from the Iowa District Court for Wapello County, E. RICHARD MEADOWS, Jr., Judge.
David Belger appeals from an order denying his request to offset from his child support obligation the social security retirement benefits received by his daughter. AFFIRMED.
Steven Gardner of Kiple, Denefe, Beaver, Gardner Zingg, L.L.P., Ottumwa, for appellant.
Valeta Belger, Ottumwa, pro se.
Thomas J. Miller, Attorney General, and Christina Hansen and Karla Leffler, Assistant Attorneys General, for appellee Child Support Recovery Unit.
Considered by MAHAN, P.J., and MILLER and HECHT, JJ.
David Belger's 1988 dissolution decree obligated him to pay child support for his four minor children. Following his retirement in 2001, David began receiving retirement benefits from the Social Security Administration. At the time, the only child eligible for support was Destria, for whom David was making monthly payments of $328.83. Because David qualified for social security retirement benefits, Destria was receiving monthly dependent's benefits of $303. David sought a modification of his support obligation, claiming entitlement to an offset of $303 per month for the dependent's benefit received by his daughter. The district court refused to order the offset. David appeals.
Our review of a district court's modification of a dissolution decree is de novo. In re Marriage of Walters, 575 N.W.2d 739, 740 (Iowa 1998).
We conclude the district court properly followed the rule of law laid out in State ex rel. Pfister v. Larson, 569 N.W.2d 512 (Iowa Ct.App. 1997). There, this court held a non-custodial parent is not entitled to offset against his child support obligation the amount of dependent social security retirement benefits received by his daughter. Pfister, 569 N.W.2d at 517. In that case we discussed the differences for set-off purposes between a dependent's receipt of a social security retirement benefit and a social security benefit received because of the obligor's disability. See In re Marriage of Hilmo, 623 N.W.2d 809, 813 (Iowa 2001) (deciding the support obligor is entitled to a set-off equal to the amount of social security benefits paid because of the obligor's disability). The district court's ruling is consistent with our holding in Pfister and we therefore affirm it.
AFFIRMED.