Opinion
No. 2-352 / 01-0780.
Filed June 19, 2002.
Appeal from the Iowa District Court for Lee (North) County, JOHN G. LINN, Judge.
Review of order for support of disabled adult child. AFFIRMED.
Dennis Bjorklund, Coralville, for appellant.
Robert Johnson III of Saunders, Humphrey Johnson, L.L.P., Fort Madison, for appellee.
Considered by HAYDEN, PETERSON, and HARRIS, Senior Judges.
Senior Judges assigned by order pursuant to Iowa Code section 602.9206 (2001).
This appeal challenges the appropriateness of a trial court order for continued support for an adult child under Iowa Code section 598.1(9) (1999). We affirm.
The marriage between Richard and Jane Nelson was dissolved pursuant to stipulation on July 2, 1998. Physical care and placement of their daughter, Marie, born June 29, 1980, was with Jane. Physical care and placement of their son, Michael, born August 30, 1986, was with Richard. Each parent was to pay support in accordance with the child support guidelines. Jane's income at the time ($547 net per month) resulted in an obligation of $28.67 per week for the support of Michael. Richard's income at the time ($390 net per month) resulted in an obligation of $11.59 per week for the support of Marie.
The appeal is from a modification order entered April 13, 2001. At that time Michael was fourteen years old and Marie was twenty. The dispute involves a trial court finding concerning Marie's mental and emotional health. When she was younger she was diagnosed as being high-functioning autistic. The Social Security Administration has determined she is disabled under federal disability rules for an adult and receives $530 per month (for a time reduced $53 per month because of a prior overpayment). Because of the finding that Marie is mentally disabled, the court ordered Richard to continue paying toward her support as authorized by statute. Iowa Code § 598.1(9). Support payments for each child were adjusted so as to exactly offset (at $62 per week). The trial court noted that the Social Security Administration will review Marie's eligibility for continued benefits in the year 2005, the year Michael turns nineteen. The court stated, "this would be a convenient time to review both parties' support obligations."
Controlling principles for disability under Iowa Code section 598.1(9) are not disputed. They were spelled out in In re Marriage of Clark, 577 N.W.2d 662, 665 (Iowa Ct.App. 1998); In re Marriage of Hansen, 514 N.W.2d 109, 112 (Iowa Ct.App. 1994); and In re Marriage of Davis, 462 N.W.2d 703, 705 (Iowa Ct.App. 1990). The child's ability to be gainfully employed is assessed and considered along with any other sources of income and the parents' ability to pay.
Income of both parties here is modest. Richard's gross annual wages are $22,630. Jane's are $16,640. Both are subject to deductions. Social Security award for Marie is a consideration. Marie enjoys good physical health. She has a high school diploma.
Although the question is not free from doubt, we agree with the trial court finding:
The court does not believe Marie can be gainfully employed and earn sufficient income to support herself. Although she can pick apples, do farm chores, has assisted her father in minor home improvements, and repaired appliances, she does not have the mental and emotional ability to work eight hours per day, five days per week at a steady job to earn a steady wage. The evidence does not establish Marie as employable.
More troubling is whether enough has been done to cause her to become employable. It is disturbing that Jane has never looked into programs that assist individuals in independent living. A parent's obligation to support an adult child does not extend to voluntary disabilities. Such a possibility is among the matters the trial court should review in the year 2005, when Marie's younger brother reaches his majority and the support obligations cease to offset each other.
For now, we find the trial court's ruling appropriate. We are not inclined to order either party to pay attorney fees for the other.
AFFIRMED.