Opinion
No. 2-277 / 01-1393.
Filed July 19, 2002.
Appeal from the Iowa District Court for Humboldt County, JOEL E. SWANSON, Judge.
Respondent appeals from the modification order reducing his child support obligation. He contends the child support should have been reduced to a minimal amount. AFFIRMED.
Dan McGrevey, Fort Dodge, for appellant.
Kelley Nicholson, pro se, Hardy, for appellee.
Considered by HUITINK, P.J., and VOGEL and EISENHAUER, JJ.
Brent James Lautenschlager appeals from the modification order reducing his child support obligation. He contends the child support should have been reduced to a minimal amount. We affirm.
I. Background Facts and Proceedings . Brent Lautenschlager is the father of Taylor Nicholson, born December 2, 1999. On September 5, 2000 an order was entered pursuant to Iowa Code chapter 252F (1999). Brent was ordered to pay child support of0 $311.00 per month commencing August 1, 2000. On March 20, 2001, Brent filed an action to modify the support obligation. Trial was held on August 2, 2001 by telephone. The State of Iowa did not participate. The only testimony was presented by Brent. The attorneys otherwise indicated what their clients would have said if called to testify. No financial affidavits or child support guidelines were filed. The court modified the child support from $311 per month to $250 per month. Brent appeals.
II. Scope of Review . Our review is de novo. Wilker v. Wilker, 630 N.W.2d 590, 594 (Iowa 2001). We look at the basic fairness of the modification order in light of the total record made at trial. In re Marriage of Huston, 263 N.W.2d 697, 700 (Iowa 1978). However, we are not free to reverse or modify judgments in favor of parties who are content with the judgment below. Ottumwa Boiler Works v. M.J. O'Meara Son, 208 Iowa 80, 87, 224 N.W. 803, 806 (1929).
III. Modification of Child Support . We assume the mother and the State are satisfied with the judgment below in the absence of an appeal. Brent has filed the only brief in this appeal. He requests a reduction in child support to the minimum $50 per month. The original child support was made pursuant to the child support guidelines. Brent's gross monthly income was $1,761.00. Taylor Nicholson's mother, Kelly, had a gross monthly income of $1,273.00. On August 3, 2000, Brent was laid off from his job along with twenty other employees. He had not worked again when the trial was held on August 2, 2001. In January 2001, he enrolled at Iowa Central Community College and is pursuing a course to become an x-ray technician. It is a three-year program. He receives $300 a month veteran's disability payments and has student loans and grants. He received unemployment benefits for some time after losing his job. His claim for child support reduction is premised on his inability to find employment and his student status.
"Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this State. . . ." Iowa Code § 252K.611(2) (2001). The party seeking a modification of child support provisions of a dissolution decree must establish a substantial change in circumstances by a preponderance of the evidence. In re Marriage of Maher, 596 N.W.2d 561, 564 (Iowa 1999). Well-established principles guide our consideration of modifications: (1) there must be a substantial and material change in the circumstances occurring after the entry of the dissolution decree; (2) not every change in circumstances is sufficient; (3) it must appear that continued enforcement of the original decree would, as a result of the changed conditions, result in a positive wrong or injustice; (4) the change in circumstances must be permanent or continuous rather than temporary; (5) the change in financial conditions must be substantial; (6) the change in circumstances must not have been within the contemplation of the trial court when the original decree was entered. In re Marriage of Rietz, 585 N.W.2d 226, 229 (Iowa 1998). When faced with a request for modification, one recognized factor for a court to consider is a change in "employment, earning capacity, income or resources of a party." Iowa Code § 598.21(8)(a).
In determining child support, the trial court must first look to the child support guidelines. In re Marriage of Hilmo, 623 N.W.2d 809, 811 (Iowa 2001). The child support guidelines are strictly followed in determining a parent's child support obligation. State ex rel. Miles v. Minar, 540 N.W.2d 462, 464 (Iowa Ct. App. 1995). Application of the guidelines requires a determination of the parties' net monthly incomes. Hilmo, 623 N.W.2d at 811. Veteran's disability benefits are included in gross income for purposes of the child support guidelines. In re Marriage of Lee, 486 N.W.2d 302, 305 (Iowa 1992).
In its order, the trial court did not address the issue of a substantial change of circumstances since the entry of the support order. The ruling seemed to suggest application of the child support guidelines would result in a monthly amount of $50. It then concluded a deviation would be equitable and set the support at $250 per month. Brent's reduction in earnings from employment may be offset by loans and grants. It is unclear whether he had the disability benefit when the child support was originally ordered or, if he did, whether it was included in the child support calculation. He went five months without work and his evidence only suggests he made inquiry at several employers. It does not explain his failure to find work. He received an unidentified amount of unemployment benefits. Based on the record before us, and the lack of objection by the State or the mother, we agree with the results reached by the trial court.
AFFIRMED.