In Re the Marriage of Fox

559 N.W.2d 26, 1997 Iowa Sup. LEXIS 56, 1997 WL 66185
CourtSupreme Court of Iowa
DecidedFebruary 19, 1997
Docket95-1143
StatusPublished
Cited by13 cases

This text of 559 N.W.2d 26 (In Re the Marriage of Fox) 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
In Re the Marriage of Fox, 559 N.W.2d 26, 1997 Iowa Sup. LEXIS 56, 1997 WL 66185 (iowa 1997).

Opinion

NEUMAN, Justice.

We granted further review to consider a challenge to a child support award that deviates substantially from our guidelines. In the decision under review, the court of appeals computed the guideline amounts owed by each party, offset them, and then reduced the father’s obligation further to reflect what it perceived to be a shared custodial arrangement. Because our de novo review reveals neither factual nor legal support for the formula used by the court of appeals, we vacate its decision and affirm the judgment of the district court.

Upon the dissolution of their marriage in 1992, James Fox and Barbara Schira (formerly Barbara Fox) agreed to what they called “shared physical care” of their only child, Elizabeth, bom September 13, 1987. James was — and continues to be — employed by the City of Des Moines as a firefighter. Barbara, who now works full time for the Principal Financial Group, held only part-time employment. To accommodate James’ work routine, the two mediated a detailed schedule for shuttling Elizabeth back and forth between the two households. The plan contemplated that Elizabeth would spend one-third of her time with James, and the remaining time with Barbara.

While negotiating the dissolution, the parties agreed that James would pay $225 a month in temporary child support, an amount equal to the cost of Elizabeth’s day care. The court incorporated that figure into its final decree but ordered mediation for the purpose of fixing child support when Barbara obtained full-time employment. Although Barbara secured a full-time position, the parties’ subsequent attempt at mediation proved unsuccessful.

In May 1994, Barbara petitioned the court to modify James’ child support obligation upward to an amount consistent with the child support guidelines. At trial the parties stipulated that Barbara’s net monthly income totaled $1035, and James’ net monthly income was $1676. They agreed that if the guidelines were applied, $375 would be the correct monthly payment. 1 James argued, however, that his one-third share of Elizabeth’s physical care should be taken into account by the court when applying the guidelines. He further expressed the belief that, due to Barbara’s full-time employment, any permanent support figure should be less than the existing $225 award. Barbara countered that she believed support would be set according to the child support guidelines once her income from full-time employment was settled. Moreover, she tendered proof that the shared custody originally envisioned had not materialized and she, in fact, bore more than two-thirds of Elizabeth’s care both in terms of time and expense.

The district court declined to deviate from the guidelines. It was unpersuaded that the parties’ shared parenting, though commendable, gave James more than what amounted to liberal visitation. Applying the child support guidelines for one child, the court arrived at a monthly child support obligation of $375. The court expressly noted that no facts in the record suggested that use of the guidelines “would be unjust or inappropriate.” See Iowa Code § 598.21(4)(a) (1995).

*28 James appealed, and we transferred the case to the court of appeals. At James’ urging, the court chose to apply a formula it developed in In re Marriage of Gilliam, 525 N.W.2d 436 (Iowa App.1994). Beginning its calculation by looking to the guidelines, the court computed what each party, as noncustodial parent, would owe the other. Under these scenarios, James would owe Barbara $373 per month; Barbara would owe James $229 per month. Offsetting the larger amount against the smaller, James would owe Barbara $144. The court then prorated that amount to reflect James’ claimed one-third responsibility for Elizabeth’s physical care. The formula resulted in a $96 child support award, and the court of appeals modified the decree accordingly.

Barbara sought further review, and we granted her petition. She asks us to affirm the district court’s unaltered application of the guidelines, under which James owes $375 in monthly child support. In the alternative, she seeks clarification (or appropriate application) of the formula adopted in Gilliam. She also asks for an award of appellate attorney fees and costs.

Because child custody and support are matters triable in equity, our review is de novo. In re Marriage of Bolick, 539 N.W.2d 357, 359 (Iowa 1995). We give weight to the trial court’s fact findings, particularly when considering the credibility of witnesses, but we are not bound by them. Iowa R.App. P. 14(f)(7); In re Marriage of Hornung, 480 N.W.2d 91, 93 (Iowa App.1991).

I. At the outset we question the soundness of Gilliam. The ease involved a determination of an appropriate support award when the parties’ only child spent “about equal time” in each parent’s household. Gilliam, 525 N.W.2d at 437. The district court had considered what each party, as a noncustodial parent, would have paid to the other and then offset those amounts to arrive at the father’s monthly child support award. Id. at 438. The father appealed. Citing this court’s decision in In re Marriage of Will, 489 N.W.2d 394, 400 (Iowa 1992), the court of appeals modified the district court’s award by dividing it in half “to reflect the split physical care arrangement.” Id.

Evidently the court in Gilliam misunderstood the premise of our Will decision. Will involved a case of split physical care — two of the parties’ children resided with one parent, and one child resided with the other. Will, 489 N.W.2d at 399. We noted that only in rare cases is the separation of siblings appropriate. Id. at 397. Nevertheless, where compelling reasons demand it, the circumstance effectively creates two custodial parents. Thus in Will we deemed it preferable to offset one parent’s financial obligation to the other, rather than insisting on a monthly exchange of child support payments. Id. at 400. No deviation from the guidelines was otherwise warranted. Id.

Neither the situation in Gilliam, nor the controversy before us, is analogous to Will. The support calculations in Will, based on the number of children residing in each custodial parent’s home, remained faithful to the guidelines. See State ex rel. Reaves v. Kappmeyer, 514 N.W.2d 101, 104 (Iowa 1994); Gilley v. McCarthy, 469 N.W.2d 666, 668 (Iowa 1991). By contrast, the formula fashioned in Gilliam

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Bluebook (online)
559 N.W.2d 26, 1997 Iowa Sup. LEXIS 56, 1997 WL 66185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-fox-iowa-1997.