Opinion
No. 3-251 / 02-1610
Filed June 13, 2003
Appeal from the Iowa District Court for Black Hawk County, Stephen C. Clarke, Judge.
A mother appeals the district court's ruling on the amount of child support she is to receive from the father of two minor children. AFFIRMED IN PART AND REMANDED.
Terry Parsons of Olsen Parcons, Cedar Falls, for appellant.
Gary Papenheim, Parkersburg, for appellee.
Patricia McGivern, Waterloo for Child Support Recovery Unit.
Considered by Sackett, C.J., and Huitink and Vogel, JJ.
Lora Stratton appeals the district court's determination of child support she is to receive from Scott Michael Sells, the father of the couple's two minor children. We affirm in part and remand. Background Facts. Lora and Scott are the parents of Taylor, born March 2002, and Trevor, born January 1996. Lora and Scott have never been married but had been in a relationship for nearly nine years. They lived together for six years but have lived separately for the last three years. The children live with Lora and visit Scott under an informal agreement.
Lora is employed at Quakerdale, earning $20,500 annually. Her net monthly income is $1,227 but her claimed expenses exceed that amount by $763. Lora provides medical insurance for Trevor, while Taylor receives insurance through Title XIX. Title XIX coverage ceased upon Scott's payment of support under the district court's order now on appeal. Lora also pays the child care expenses of $298.60 per month, after taking into consideration the applicable tax credits.
Scott operates a tow truck provided by his father, Darrell Sells. The amount of Scott's income is in dispute and poorly documented. Scott has a history of health problems including open heart surgery, diabetes, substance abuse, and depression. His employment record is not very strong as he has missed a lot of work over the last few years. Scott has not filed tax returns for the last three or four years nor has he received W-2 or 1099 forms indicating his annual income. Both Lora and Scott receive financial assistance from their respective fathers.
The State of Iowa, on behalf of Trevor and Taylor, filed a modification petition seeking to establish paternity of Taylor, adjust child support being paid by Scott for Trevor, and to provide for support of Taylor. The district court ordered Scott to pay child support of $120 per month for Trevor and Taylor and forty-eight percent of medical expenses over $250 for one child, $500 for two children. Lora appeals the child support amount.
Scope of Review. Our review of this matter is de novo. See Iowa R.App.P. 6.4. We have a duty to examine the entire record and adjudicate rights anew on those issues properly presented. In re Marriage of Vieth, 591 N.W.2d 639, 640 (Iowa Ct.App. 1999). We give weight to the fact findings of the district court, especially in determining the credibility of witnesses, but are not bound by them. Iowa R.App.P. 6.14(6)( g).
Discussion. Lora argues the district court incorrectly adopted the Child Support Recovery Unit (CSRU) recommendation on the child support amount. Lora asserts the child support should have been ordered based on a higher net monthly income and therefore be a higher percentage of Scott's net monthly income. She further contends if the district court used the proper amount, it should have deviated from the guidelines based on the facts. Scott agrees with the district court's determination of child support in the amount of $120 per month.
Both parents have a duty to support their children. Brown v. Brown, 269 N.W.2d 819, 822 (Iowa 1978). The child support guidelines were created "to provide for the best interests of the child by determining an adequate level of support for children commensurate with the parents' income and resources." Iowa Code § 598.21 (2001); In re Marriage of Belger, 654 N.W.2d 902, 906 (Iowa 2002) (citing In re Marriage of Beecher, 582 N.W.2d 510, 513 (Iowa 1998)). A parent's income is the primary ground in determining the amount of a child support obligation. Belger, 654 N.W.2d at 906.
The CSRU assigned net monthly incomes to Scott and Lora of $600.64 and $660.91, respectively. Lora's net monthly income is not in dispute. The CSRU based its determination of Scott's net monthly income on his financial affidavit. Using the above amounts, the child support guidelines allocate twenty percent of Scott's net monthly income as support for his two children. Iowa Child Support Guidelines Rule 9.4. The district court adopted the CSRU recommendation and ordered Scott to pay child support of $120 per month for Trevor and Taylor.
The weakness with the CSRU form Order used in this case is the lack of specific fact findings as it pertains to the parties' incomes and the rejection of the basis for deviation from the Guidelines.
Lora disagrees with the CSRU and district court as to Scott's net monthly income. Lora asserts Scott earns $300 per week and his father pays a substantial portion of Scott's monthly expenses, including $360 for housing, $173 for utilities, and $500 for child support for a child from a previous marriage. Lora also claims Scott has access to his father's automotive repair business's bank accounts. Scott admits he has such access but any amount he withdraws is deducted from his paychecks. While Lora's claims may be true, there is not sufficient proof in the record to assign Scott more earned income than the CSRU found to be his gross annual income.
If we determine the district court used the appropriate amount of earned income to determine Scott's child support obligation, Lora argues, considering the financial assistance from Scott's father, we should deviate from the child support guidelines to increase the child support amount.
The child support guidelines are to be strictly followed unless their application would lead to an unjust or inappropriate result. Iowa Code § 598.21(4)(a) (2001); In re Marriage of Will, 602 N.W.2d 202, 205 (Iowa Ct.App. 1999). "There is a rebuttable presumption the amount of child support determined according to the guidelines is the correct amount of child support to be awarded." Will, 602 N.W.2d at 205 (citing In re Marriage of Brown, 487 N.W.2d 331, 333 (Iowa 1992)); see alsoIowa Child Support Guidelines Rule 9.4. The amount may be increased or decreased if necessary to provide for the needs of the children and do justice between the parties under the specific facts of the case. Id. (citing State ex rel. Nicholson v. Toftee, 494 N.W.2d 694, 695 (Iowa 1993)).
While Lora did not offer documentary proof of the actual benefit Scott receives from his father, Scott freely admitted he lives in a mobile home his father both owns and makes the monthly payments on, he drives a 1992 pickup owned by his father, and his father pays $300 monthly child support for Scott's eighteen-year-old daughter, and $200 in child support arrearage. We find these subsidies Scott's father provides for him to be significant additions to his financial picture and are a "special circumstance" which should be considered by the court to support a deviation from the guidelines. In re Marriage of Huisman, 532 N.W.2d 157, 159 (Iowa Ct.App. 1995) (citing In re Marriage of Anderson, 400 N.W.2d 84, 85 (Iowa Ct.App. 1986)) (holding court should consider nonsalary items, i.e., vehicle, in determining income for child support).
While Lora receives some assistance from her father, no figure was given, nor any testimony as to the regularity of assistance. Her testimony was wholly unrebutted.
We remand to the district court for the limited purpose to assign a value to the regular financial subsidies Scott receives from his father, before recalculating the amount of child support to be ordered, as an upward deviation from the guidelines.