Opinion
No. 1-852 / 01-0455.
Filed January 28, 2002.
Appeal from the Iowa District Court for Polk County, MICHAEL D. Huppert, Judge.
Teresa Hennings appeals the district court's ruling on an application for adjudication of law points which determined Keith Hennings' child support obligation could be modified based on a change in the child support guidelines. AFFIRMED.
Andrew B. Howie, of Hudson, Mallaney Shindler, P.C., Des Moines, for appellant.
Stacey N. Warren, of Babich, Goldman, Cashatt Renzo, P.C., Des Moines, and Robert Laden, of Laden Pearson, Des Moines, for appellee.
Considered by SACKETT, C.J., and MAHAN and HECHT, JJ.
Teresa Hennings appeals the district court's ruling on her application for adjudication of law points that determined Keith Hennings' child support obligation could be modified based on a change in the child support guidelines. She claims a change in the guidelines alone should not be considered a substantial change in circumstances. We affirm.
A dissolution decree was entered for Teresa and Keith on October 12, 1999. Teresa was granted physical care of the parties' two children, Tanner, born in 1993, and Cole, born in 1995. Keith was awarded extensive visitation with the children. He was ordered to pay child support of $777.92 per month.
On June 26, 2000, Keith filed an application for modification of his child support obligation. He pointed out that under the new child support guidelines, which were to become effective August 1, 2000, he would be entitled to a twenty-five percent credit because he had the children for more than 128 days of visitation each year.
Teresa filed an application for separate adjudication of law points. She alleged a change in the child support guidelines should not be considered a substantial change in circumstances and Keith's application to modify should be dismissed. The district court determined Iowa Code section 598.21(9) (1999), permitted modification in this case. This section provides:
[N]othwithstanding subsection 8, a substantial change of circumstances exists when the court order for child support varies by ten percent or more from the amount which would be due pursuant to the most current child support guidelines established pursuant to subsection 4. . . .
Iowa Code § 598.21(9) (emphasis added). The court concluded the extraordinary visitation credit would clearly be in excess of the ten-percent variance set forth in section 598.21(9), and determined Keith's petition for modification could go forward. Teresa appealed.
Our review of a ruling on a motion for adjudication of law points is for errors of law. Westfield Ins. Co. v. Economy Fire Cas. Co., 625 N.W.2d 871, 876 (Iowa 2001). An adjudication of law points is confined to a determination of legal matters on uncontroverted pleadings. Iowa R. Civ. P. 116; State v. Maher, 618 N.W.2d 303, 305 (Iowa 2000).
The supreme court recently noted that the enactment of section 598.21(5A) (regarding college expenses), standing alone, did not constitute a material or substantial change in circumstances. In re Marriage of Sojka, 611 N.W.2d 503, 505 (Iowa 2000). The court contrasted section 598.21(5A) from sections 598.21(8A) (relocation of custodial parent) and 598.21(9) (ten-percent deviation). Id. Section 598.21(9) specifically provides a deviation of ten percent or more between an existing order for child support and the amount that would be due under the most current child support guidelines constitutes a substantial change in circumstances. In re Marriage of Wilson, 572 N.W.2d 155, 156 (Iowa 1997).
The child support guidelines were modified, effective August 1, 2000, to provide:
If the noncustodial parent's court-ordered visitation exceeds 127 days per year, the noncustodial parent shall receive a credit to the guideline amount of child support in accordance with the following table:
Days Credit
128-147 25%
148-166 30%
167 or more 35%
For the purposes of this credit, "days" means overnights spent caring for the child. Failure to exercise court-ordered visitation may be a basis for modification. The credit for extraordinary visitation shall not reduce a child support obligation below the minimum amount required by the guidelines ($50 for one child, $75 for two children, $100 for three children, or $125 for four or more children).
The guidelines also provide that they should apply to cases pending on August 1, 2000.
The extraordinary visitation credit could reduce a noncustodial parent's child support obligation by at least twenty-five percent. Under section 598.21(9), the credit creates a substantial change in circumstances. As noted above, the new guidelines apply to all cases pending on August 1, 2000. See In re Marriage of Roberts, 545 N.W.2d 340, 343 n. 2 (Iowa Ct.App. 1996). We affirm the district court's conclusion Keith's application for modification may go forward.
AFFIRMED.