Van Meter v. Smith’s Empirical Analysis

Citation profile

17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The recipient] says no because child support is owed not just in a particular amount, but also with a particular regularity. [The obligor] owed [the child] regular support during his social security application period. To his credit he provided that support, but, in a very real sense, the social security back payment now cannot replace or substitute for the amounts due then. The back payment is simply extra now, and `extra' support payments are commonly deemed to be gifts. Newman v. Newman (Iowa 1990), 451 N.W.2d 843 ; Children and Youth Services of Allegheny County v. Chorgo (1985), 341 Pa.Super. 512 . "In different circumstances, especially if an arrearage unrelated to Smith's disability were involved, this reasoning might be compelling, but it omits a key consideration in this case. As discussed above, Smith's income during the social security application period consisted in significant part of pension/disability benefits provided by his employer. Those benefits must be repaid. They are similar in that regard to public assistance benefits sometimes provided while social security applications are pending. Such benefits, however, are routinely recouped from social security awards before they are paid to recipients, including recipients of dependency awards. Baez v. Bane (1996), 89 N.Y.2d 1 .”

   1 later decision quote this exact passage
   e.g. Filon v. Green, Unpublished Decision (9-20-2006)

2. “As are most other aspects of domestic relations law, the establishment, modification, and enforcement of child support are prescribed in their general contours by statute and are largely left, within the statutory parameters, to the sound discretion of the trial court.”

   1 later decision quote this exact passage
   e.g. Keith v. Keith

3. “[And] generally, as long as the trial court gives due consideration to the parties' financial circumstances and the child's needs, and either conforms to the statutory prescriptions or adequately justifies deviating therefrom, this Court will not disturb its rulings.”

   1 later decision quote this exact passage
   e.g. Wilson v. Inglis