B.A. v. R.B.

357 N.W.2d 20, 1984 Iowa Sup. LEXIS 1255
CourtSupreme Court of Iowa
DecidedOctober 17, 1984
DocketNo. 83-1390
StatusPublished
Cited by41 cases

This text of 357 N.W.2d 20 (B.A. v. R.B.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B.A. v. R.B., 357 N.W.2d 20, 1984 Iowa Sup. LEXIS 1255 (iowa 1984).

Opinion

SCHULTZ, Justice.

The principal issue in this appeal is whether the trial court erred in terminating the parent-child relationship between the divorced and non-custodial father and his two sons for failure to pay adequate child support without good cause. The action was initiated by appellant’s ex-wife R.B., the natural mother and custodian of the children under the terms of the dissolution decree, as a prelude to the adoption of the children by R.B.’s present husband. The Marshall County Juvenile Court terminated the parent-child relationship on the grounds that B.A., the natural father and appellant, failed to provide adequate child support without good cause and abandoned the children. A three-member panel of the court of appeals, with one member dissenting, reversed the juvenile court order terminating the father’s parental rights, and we granted further review. We vacate the decision of the court of appeals and affirm the order of the juvenile court.

In applicable part Iowa Code section 600A.8 (1983) provides:

The juvenile court shall base its findings and order [terminating parental rights] ... on clear and convincing proof. The following shall be, either separately or jointly, grounds for ordering termination of parental rights:
(3) A parent has abandoned the child.
(4) A parent has been ordered to contribute to the support of the child or financially aid in the child’s birth and has failed to do so without good cause.

On appeal the father asserts there was insufficient evidence to prove either of the alleged grounds by the clear and convincing standard required in a termination proceeding. Although the juvenile court relied on both abandonment and failure to provide support without good cause as grounds for the termination, we confine our examination to subsection 4 with its provision concerning support and will discuss abandonment only as it applies to the support issue.

We have indicated that the language in section 600A.8 imposes a duty on the trial court to recognize a ground for termination if it is established by the evidence. Klobnock v. Abbott, 303 N.W.2d 149, 152 (Iowa 1981). In Klobnock we specifically applied this duty to recognize the ground of failure to support as defined in subsection 4 stating:

A parent has a basic obligation to support a minor child. The legislature has determined that it is in the best interests of a child to terminate a parent-child relationship if the parent refuses to support the child. Although abandonment is a separate ground for termination, section 600A.8(3), we conclude that the legislature intended termination for nonsupport to occur where a parent’s failure to pay manifests indifference to a child and is therefore akin to abandonment. “[Ajbnegation of court-ordered financial responsibility to a child [is] the equivalent of abandonment. A parent who unjustifiably refuses to meet a support obligation manifests complete indifference to his child.” [In re Kelley, 262 N.W.2d 781, 785 (Iowa 1978)]. A substantial, and not merely sporadic or insignificant, failure to pay ordered support without good cause justifies termination of parental rights under section 600A.8(4). So interpreted, our statute is similar to other states’ statutes allowing termination, or dispensing with a requirement of consent to adoption, for failure to support a child for a specific time period.

Id. (citations omitted). After finding substantial failure to pay ordered support, a court must consider whether that failure was without good cause. Id.; Iowa Code § 600A.8(4) (1983).

[22]*22 Our review of this termination action is de novo, and if one of the grounds for termination is established by clear and convincing evidence, the termination will be upheld. In re Voeltz, 271 N.W.2d 719, 723 (Iowa 1978); Kelley, 262 N.W.2d at 782-85. In equity cases, especially when considering the credibility of the witnesses, this court gives weight to the factfindings of the trial court, but is not bound by them. Iowa R.App.P. 14(f)(7). With the guidance of these principles, we find the following facts.

The parents of the involved children were married on November 1, 1975. The marriage was dissolved by the Iowa District Court for Clarke County by a default decree dated August 22, 1978, in response to the mother’s petition. The decree granted custody of the two children, who were born on January 4, 1975, and June 17, 1977, to the mother and liberal visitation rights to the father. The court further ordered the father to pay child support in the amount of $100 per month per child commencing September 1, 1978, until each child reached the age of 18.

The mother and children moved from Clarke County to Marshalltown one month after the dissolution. The mother stated that she was subjected to physical violence during the marriage and that there had been animosity concerning visitation since the dissolution. The mother was employed prior to her move and has been employed since that time. She found it necessary, however, to supplement her income with governmental assistance commonly known as ADC, for a three-year period after the dissolution.

The father asserts that his failure to meet his child support obligation was not without good cause, attributing his poor record of payment to his inability to find regular employment and his meager income. We list the father’s estimation of his income since the dissolution in 1978 (adopting a high figure when there was a variance in his opinion) and the accrued and paid child support to the date of the hearing as follows:

Accrued

Year Income Liability Payments

1978 $ 0 $ 800 $ 0

1979 5,000 2,400 1,300

1980 7,000 2,400 1,175

1981 1,000 2,400 616

1982 2,000 2,400 0

1983 700 1,600 10

Totals $15,700 $12,000 3,101

The father was $8899 in arrears on the date of the hearing.

Thus, the key factual issue in this appeal concerns the father’s ability to pay the ordered child support. He is in good health. He has several skills in the contracting field. During the marriage he was employed as a plumber; he quit his job shortly before the dissolution. Apparently, he was unemployed until he was haled into court for contempt by the welfare authorities in 1979. He secured employment with his former employer in response to this threat; however, he still was sentenced to jail for 30 days for intentionally failing to pay support and served 26 days. In 1980 he was fired from this plumbing job because of a disagreement with his employer. Since that time he has worked on a part-time basis pouring concrete and has been paid in cash by his employer.

In our de novo review, we are troubled by the credibility of the father’s testimony concerning the extent of his employment and his actual cash income. The juvenile court was less concerned with credibility, finding that the father did not make a good effort to support his children. In part the juvenile court found:

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Bluebook (online)
357 N.W.2d 20, 1984 Iowa Sup. LEXIS 1255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ba-v-rb-iowa-1984.