Child Support Enforcement Agency v. Doe

93 P.3d 1186, 105 Haw. 79, 2004 Haw. App. LEXIS 201
CourtHawaii Intermediate Court of Appeals
DecidedJune 23, 2004
DocketNo. 25236
StatusPublished

This text of 93 P.3d 1186 (Child Support Enforcement Agency v. Doe) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Child Support Enforcement Agency v. Doe, 93 P.3d 1186, 105 Haw. 79, 2004 Haw. App. LEXIS 201 (hawapp 2004).

Opinion

Opinion of the Court by

BURNS, C.J.

Respondent-Appellant John Doe (Father) appeals from the June 26, 2002 Judgment of Paternity entered in the Family Court of the First Circuit.1 We vacate and remand for further proceedings consistent with this opinion.

BACKGROUND

On January 7, 2002, Petitioner-Appellee Child Support Enforcement Agency, State of Hawai'i (CSEA), filed a Complaint for Establishment of Paternity against Father and Respondent-Appellee Jane Doe (Mother). The complaint alleged that although Mother and [81]*81Father were not married to each other, they were the parents of a daughter born on August 10,1996 2 (Child).

At an April 5, 2002 hearing, both Mother and Father admitted Father’s paternity of Child. On May 8, 2002, after meeting separately with Mother and Father, a family court social worker (the social worker) submitted a Status Report/Reeommendation to the court. Issues regarding custody, visitation, child support, past child support, birth-related medical expenses, and health insurance coverage were continued until trial.

On May 29, 2002, CSEA filed a Position Statement addressing issues of past and current child support, birth-related medical expenses owed to the State of Hawaii Department of Human Services (DHS), and health insurance coverage for Child. CSEA alleged that “[t]he Child received monetary welfare benefits from DHS” and argued that “[p]ast due child support should be calculated based on the [Child Support Guidelines Worksheet][.]”

On June 26, 2002, after a trial on June 12, 2002, the court entered a Judgment of Paternity that (1) decided that Father is the natural father of Child, (2) awarded legal and physical custody of Child to Mother, (3) ordered Father to pay child support of $830 per month for Child commencing July 2002,3 (4) decided that Father owed DHS $830 per month child support for November 2001 through June 2002, (5) ordered Father to pay DHS $6,640 (8 x $830) at the rate of $10 per month,4 (6) allocated responsibility between Father and Mother for payment of Child’s medical and dental expenses,5 and (7) specified Father’s rights of child visitation.

On September 23, 2002, the family court filed its Findings of Fact and Conclusions of Law (FsOF and CsOL). With the FsOF and CsOL challenged by Father in this appeal outlined in bold print, the FsOF and CsOL state, in relevant part, as follows:

The court, having considered the evidence admitted at trial, the testimony of the witnesses, and all of the records and file herein, hereby makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
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9. Mother and Father lived together until January 2000 when Mother moved ... with [Child],
10. Mother and Father had an off- and-on relationship for nine (9) years. At times Mother would leave the couples’ [sic] home but would take [Child] to Father’s home to go to school with another child who lived there.
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14. Mother began receiving cash assistance on behalf of [Child] from the Welfare Division, Department of Human Services, State of Hawaii (hereinafter “DHS”) in November 2001, while she was unemployed and Father was no longer supporting her and [Child].
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18. Father denied any additional income despite Mother’s claim that Father rented out a portion of his four bedroom home to friends of Father’s, [collectively, the Friends, or individually, Mr. D or Mrs. D].
19. [The Friends and their son] reside with Father in the house owned by Father.
20. [The Friends] and Father had an agreement that they would pay the entire [82]*82mortgage one month and the entire utilities the next month.
21. Father would pay the mortgage during the month [the Friends] paid utilities, and the utilities the month [the Friends] paid the mortgage. [The Friends paid] $1250.00 toward Father’s mortgage every other month, and between $240 and $280 every other month for utilities.
22. Father’s testimony that [the Friends’] payments are not in the nature of rent is not credible.
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26. Father’s rental income is imputed at $745 monthly, or $1250 in mortgage payment plus $240 in utilities, divided by two as it is paid every other month by [the Friends].
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30. Father did not provide any regular financial support for [Child] from the period November 2001 to [June 2002], but did provide some financial support in the prior period.
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32. Father’s testimony regarding his involvement with [Child] and his availability to care for and provide day to day supervision including before and after school was not credible given Father’s work demands.
33. Father’s testimony as [to] when [Child] lived with him was disingenuous at best.
CONCLUSIONS OF LAW
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2. Paternity. The material allegations of the Complaint for Paternity have been proven and Father is the biological and legal father of [Child],
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5. Child Support. Child Support must be calculated pursuant to the existing child support guidelines, which are the 1998 Amended Child Support Guidelines (hereinafter “CSGW”) instructions. Father’s wages and his receipt of monies from people sharing his home are regular and consistent and reduce personal living expenses. Father’s income for child support purposes includes the money he receives for mortgage and utilities, as this is in the nature of rental income to him. Father’s rental income shall be imputed at $745 monthly. Father’s monthly gross income for the purposes of child support is $7369. Mother’s monthly income is imputed at $997.
Based upon the CSGW including giving Father $288 credit for the medical/health/dental insurance payments, Father shall pay child support of $830 monthly-
6. Past due child support owing to DHS. Father’s past child support owing to the DHS is $6,640, or 8 months at $830 monthly, to be liquidated at $10 monthly in addition to current child support.

Father filed a notice of appeal on July 26, 2002. The appeal was assigned to this court on May 6, 2003.

POINTS ON APPEAL

Father asks this court to “vacate the judgment against him as to amounts owing to [DHS] ” because the family court was clearly erroneous in finding that:

1. Mother and Child moved out of Father’s home in January 2000; and

2. Father lied about the rent.

THE RELEVANT STATUTES

The Hawaii Revised Statutes (HRS) (Supp. 2003) state in relevant part:

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Related

State v. Wells
894 P.2d 70 (Hawaii Supreme Court, 1995)
Kawamata Farms, Inc. v. United Agri Products
948 P.2d 1055 (Hawaii Supreme Court, 1997)
In Interest of Doe
928 P.2d 883 (Hawaii Supreme Court, 1996)
State v. Jenkins
997 P.2d 13 (Hawaii Supreme Court, 2000)
State v. Balberdi
975 P.2d 773 (Hawaii Intermediate Court of Appeals, 1999)
Roxas v. Marcos
969 P.2d 1209 (Hawaii Supreme Court, 1998)
State v. Kelekolio
14 P.3d 364 (Hawaii Intermediate Court of Appeals, 2000)
State v. Rauch
13 P.3d 324 (Hawaii Supreme Court, 2000)
State v. Kotis
984 P.2d 78 (Hawaii Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
93 P.3d 1186, 105 Haw. 79, 2004 Haw. App. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/child-support-enforcement-agency-v-doe-hawapp-2004.