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Margaret M. Barron, Etc. v. Betty Bellairs, Etc., Richard H

Margaret M. BARRON, Etc., Plaintiff-Appellee, v. Betty BELLAIRS, Etc., Defendant, Richard H. Harden, Etc., Defendant-Appellant; Christine SPELLERS, Etc., Plaintiff-Appellee, v. Betty BELLAIRS, Etc., Defendant-Appellee, Richard H. Harden, Etc., Defendant-Appellant

Barron v. Bellairs, 496 F.2d 1187 (5th Cir. 1974)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
June 28, 1974
Docket
No. 1187
Judges
Coleman, Dyer, Per Curiam, Roney
Citations
496 F.2d 11871974 U.S. App. LEXIS 7878

Opinion — Per Curiam

PER CURIAM:

Barron and Spellers represent a class of recipients of Aid to Families with Dependent Children who were the intended beneficiaries of court ordered child support payments but who received sporadic payments. By order dated September 27, 1973 the district court held, and we think correctly so, that the “averaging method”

1

employed by the defendants in determining income when unpredictable court ordered child support was received by recipients of Aid to Families with Dependent Children conflicted with federal regulations 2

and was invalid. Retroactive injunctive relief and financial assistance to members of plaintiffs’ class was denied. With this we also agree. Edelman v. Jordan, 1974, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 [ 42 U.S.L.W. 4419 ].

Prior to entry of final judgment the Georgia General Assembly enacted the Child Support Recovery Act, Title 99 § 901b et seq., which removed the plaintiffs’ and the class they represent from the operation of the averaging regulations, and the Act was implemented with respect to the plaintiffs.

We affirm the district court’s denial of retroactive injunctive relief and financial assistance to members of plaintiffs’ class.

3

The judgment enjoining the enforcement of the child support averaging policy, now superceded by the Child Support Recovery Act, is vacated and the case is remanded to the district court with directions to dismiss that portion of the proceedings as moot.

Affirmed in part, vacated in part, remanded with directions.

1

. The Child Support Averaging policy, Part III, § VII p. 9 of the State Plan for AFDC provides in pertinent part that “when income is unpredictable, the previous year’s income (6 months in AFDC) may be used to determine monthly income.”

2

. 45 C.F.R. § 233.20 (a) (3) (ii)(c).

3

. Plaintiffs’ dismissed their cross-appeals pursuant to Rule 42(b) F.R.A.P.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

Cited by 13 cases

View all citing references →
1974: 11975: 21976: 31977: 21980: 11981: 21982: 11983: 119742026peak 1976 · 3

Relies on it most ⓘ

  1. Delma Usher v. Richard S. Schweiker, Secretary of Health and Human Services666 F.2d 652 (1st Cir. 1981)
  2. Dickenson v. Petit536 F. Supp. 1100 (D. Me. 1982)
  3. Jordan v. Trainor405 F. Supp. 802 (N.D. Ill. 1975)
  4. Gutierrez v. Butz415 F. Supp. 827 (D.D.C. 1976)
  5. Bennie Stone Gooden, Jr., Etc. -Cross v. Mississippi State University, Etc. -Crossappellees499 F.2d 441 (5th Cir. 1974)
  6. Ram v. Blum564 F. Supp. 634 (S.D.N.Y. 1983)

Most recent

  1. Ram v. Blum564 F. Supp. 634 (S.D.N.Y. 1983)
  2. Dickenson v. Petit536 F. Supp. 1100 (D. Me. 1982)
  3. Delma Usher v. Richard S. Schweiker, Secretary of Health and Human Services666 F.2d 652 (1st Cir. 1981)
  4. Friendship Villa-Clinton, Inc. v. Buck512 F. Supp. 720 (D. Maryland 1981)
  5. Seagraves v. Harris629 F.2d 385 (5th Cir. 1980)
  6. J. Henry Schroeder Banking Corp. v. W. Michael Blumenthal, Secretary of the Treasury of the United States560 F.2d 1192 (5th Cir. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Edelman v. Jordan, 415 U.S. 651 (1974) 5,767

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