Franks v. Franks

812 P.2d 304, 119 Idaho 997, 1991 Ida. App. LEXIS 111
CourtIdaho Court of Appeals
DecidedMay 29, 1991
DocketNo. 18350
StatusPublished
Cited by1 cases

This text of 812 P.2d 304 (Franks v. Franks) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franks v. Franks, 812 P.2d 304, 119 Idaho 997, 1991 Ida. App. LEXIS 111 (Idaho Ct. App. 1991).

Opinion

SWANSTROM, Judge.

Steven Franks appeals from the district court’s findings of fact, conclusions of law and order granting Colleen Franks’ motion to modify their divorce decree as to child support. We are asked to determine whether a substantial and material change in circumstances has occurred warranting an increase in child support; and, if so, whether the amount of the modification is appropriate in light of those changes in circumstances. For reasons explained below, we affirm the order of the district court.

Steven and Colleen Franks were divorced in October, 1979. The couple has three children from this marriage. Pursuant to the divorce decree, Colleen received custody of the three children, and Steven was required to pay child support in the amount of $125 per month per child. In October, 1984, Colleen filed a motion to increase the amount of child support. After a hearing, the magistrate increased the amount of child support to $175 per month per child effective January 1, 1985.

In August, 1988, Colleen again moved to increase the child support. A magistrate denied this motion, holding that Colleen had failed to show that a substantial and material change in circumstances had occurred. Colleen appealed to the district court, which reversed the magistrate’s order denying an increase in child support. The matter was remanded to the magistrate for written findings of fact and conclusions of law consistent with the district court’s opinion. On remand, however, the magistrate entered an order denying Colleen’s request for an increase in child support. Colleen appealed once again to the district court.

In this second appeal, the district court conducted a trial de novo on the issue of child support. After receiving additional evidence, the court held that the magistrate erred in denying Colleen’s latest motion to modify the child support. The district court concluded that a substantial and material change in circumstances had occurred since the entry of the last modification order in 1984. In accordance with this finding, the district court increased the monthly child support to $250 per month per child for the two unemancipated children. This appeal by Steven followed.

Because this case was heard by the district court as a trial de novo, on review we treat the district court as the trial court. I.R.C.P. 83(u)(2); Koester v. Koester, 99 Idaho 654, 586 P.2d 1370 (1978). Therefore, the district court’s findings of fact will not be disturbed on appeal, if supported by substantial, competent, though conflicting, evidence. Salazar v. Tilley, 110 Idaho 584, 716 P.2d 1356 (Ct.App.1986). However, the decision to modify a child support order is left to the sound discretion of the trial court. If the trial court properly exercises this discretion, its decision will not be disturbed on appeal. Yost v. Yost, 112 Idaho 677, 735 P.2d 988 (1987).

The decision to modify a child support provision of a divorce decree involves a two-step process. First, the trial court must determine whether a substantial and material change in circumstances has occurred. Second, if there has been a substantial and material change, then the amount of the modification must be com[999]*999puted. Howard v. Mecham, 117 Idaho 542, 789 P.2d 538 (Ct.App.1990). In determining what constitutes a substantial and material change in circumstances, the courts are guided by the factors set forth in I.C. § 32-706.1 These factors include: the financial resources of the child; the financial resources, needs and obligations of both the custodial and noncustodial parent; the standard of living the child enjoyed during the marriage; the physical and emotional condition and needs of the child and his or her educational needs; and the availability of medical coverage for the child at reasonable cost.

In addition, “the burden of showing such changed circumstances is upon the party seeking the modification.” Simpson v. Simpson, 51 Idaho 99, 102, 4 P.2d 345, 346 (1931). Finally, it is important to note that the applicable time period over which a substantia] and material change in circumstances is to be determined begins on the date of the last modification order. See generally 24 AM.JUR.2D Divorce and Separation § 1082 (1983). See also Fuller v. Fuller, 101 Idaho 40, 607 P.2d 1314 (1980) (focus of the court in evaluating change of circumstances was on the time period beginning when the child support was last modified). Here, the latest modification order occurred in 1984.

Colleen’s 1988 motion to modify child support was premised on several alleged substantial and material changes in circumstances that had occurred since the previous modification order. For example, Colleen pointed out that her household expenses had increased due to the fact that the children were now four years older. The two boys had become teenagers. Their clothes, schooling, transportation and activity expenses had increased. In addition, Colleen asserted that Steven’s income had increased since the last modification order and that his new wife, Mary, was employed. Colleen also testified that the couple’s oldest daughter, Shelli, had turned 18 in September, 1987, but was still living at home while attending school and was partially dependent on Colleen for support. Finally, Colleen explained that she had to file for bankruptcy relief because she was unable to pay for medical expenses she had incurred in raising the family.

The district court, after hearing the case anew, held that a substantial and material change in circumstances had occurred between 1984 and 1988. The court reached this conclusion after weighing the evidence. First, the district judge took judicial notice of the fact that there had been inflation over the past four years. Second, he noted that the children were four years older and that the cost of raising these children had increased. Third, the judge acknowledged that the oldest child had become emancipated and that Steven had no further obligation to support her. Fourth, the district judge found that, although Colleen’s income had increased so it was no longer below the poverty level, Colleen’s day-today expenses had increased over the prior four years. Fifth, the district judge determined that Steven had the financial ability to make child support payments for the two minor children over and above the amount that he had been paying for their support.

The district judge explained that the newly adopted Idaho Child Support Guidelines, although not applicable in this case, would require an increase in child support to an amount over $300 per month per child. However, he noted that the facts of this case did not support an increase to the extent provided by the guidelines. Finally, the district judge concluded that the 1984 child support award had been based on Steven’s income of $24,000 to $25,000 per year. He found that in 1988, Steven’s yearly gross income was $33,050, while Colleen’s yearly gross income was $21,863. Based on these findings, the district judge awarded Colleen an increase in child support, to the level of $250 per month for each of the two minor children.

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812 P.2d 304, 119 Idaho 997, 1991 Ida. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franks-v-franks-idahoctapp-1991.