Rose v. Ros

481 U.S. 619 (1987)

Facts

Charlie (H) was a totally disable vet from the Vietnam War. H married Barbara (W) and had two children before their marriage ended in 1983. H income was comprised entirely of benefits received from the Veterans' and Social Security Administration. H received $1,211 in Disability Benefits, $1,806 in Aid and Attendance Benefits, $90 in Dependents' Benefits and $281 in Social Security Disability Benefits. The children received an additional $94 per month in Social Security Children's Insurance Benefits. The court ordered H to pay $800 per month in child support. H paid only $706 as he claimed that the other $94 was from Social Security Children’s' Insurance Benefits. H then refused to pay anything but the $90 in Dependents' benefits and claimed that the court lacked jurisdiction over his other benefits under the Supremacy Clause. The Circuit Court found H in willful contempt and ordered H incarcerated, but a release from contempt was worked out. H challenged the constitutionality of the action, and the State of Tennessee moved for summary judgment. It was issued and affirmed, and the Supreme Court granted certiorari.