In Re the Marriage of Gehl

486 N.W.2d 284, 1992 Iowa Sup. LEXIS 263, 1992 WL 133276
CourtSupreme Court of Iowa
DecidedJune 17, 1992
Docket91-429
StatusPublished
Cited by11 cases

This text of 486 N.W.2d 284 (In Re the Marriage of Gehl) 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 Gehl, 486 N.W.2d 284, 1992 Iowa Sup. LEXIS 263, 1992 WL 133276 (iowa 1992).

Opinion

McGIVERIN, Chief Justice.

Respondent Edward Vincent Gehl appeals from the district court’s order establishing his child support obligation for one child at $800 per month. We affirm.

I. Background facts and proceedings. The marriage of respondent Edward Vincent Gehl (Edward) and petitioner Linda Susan Bickel (Susan) was dissolved by a decree entered in April 1980. At that time, Edward retained physical care of the parties’ three minor sons, and Susan began paying child support to the friend of the court of $210 per month for the support of the boys. In 1986, after the oldest of the sons became emancipated, the original decree was modified by a further court order pursuant to a stipulation of the parties. Edward retained primary care of the then two minor sons, and Susan was ordered to pay $250 per month per child in support.

Subsequent to the parties’ divorce in April 1980, both Edward and Susan remarried; Edward lives in Wisconsin with his wife Kristi, and Susan lives in Cedar Rapids with her husband Earl, who is an orthopedic surgeon.

During the summer of 1987, after Edward and Susan’s second oldest son became emancipated, their youngest and only un-emancipated son, Eric, went to Cedar Rapids to visit his mother for his regularly scheduled summer visitation. However, Eric never returned to his father’s home in Wisconsin, and has remained in Cedar Rapids ever since.

Our review of the record reveals that Edward and Susan then informally agreed to terminate Susan’s obligation to pay $250 per month for Eric’s support. Instead, Edward was to pay Susan $200 per month therefor.

Susan thereafter filed an application to formally modify the 1986 modification of the dissolution decree. Among other things, she sought “a fair and reasonable amount of monthly child support payment for the support, maintenance and education” of Eric. Edward and Susan ultimately resolved all issues raised in Susan’s application, including the placing of physical care of Eric with Susan, except for the amount of Edward’s monthly obligation for Eric’s support.

After trial, the district court found that Susan’s net monthly income, for purposes of applying our child support guidelines, was approximately $1,800; the court found that Edward’s net monthly income was $3,629. Based upon its application of the support guidelines, the court ordered Ed *286 ward to make payments to Susan of $800 per month for Eric’s support, with the payments to be made retroactively from October 1, 1990. The court stated in its ruling that the annual income of Susan’s husband Earl, which was over $800,000 when combined with Susan’s income stated above, was not “a factor to be considered automatically in the calculation of child support,” and thus did not warrant a departure in application of the support guidelines.

Edward has appealed from the district court’s order, contending that the award of $800 per month for one child’s support is inequitable. He also claims that the court abused its discretion in failing to find that the amount of support as prescribed by the child support guidelines should be adjusted downward due to “special circumstances,” including the income of Susan’s husband Earl.

Our review in this equity case is de novo. See Iowa R.App.P. 4. We give weight to the findings of the trial court, especially when considering the credibility of witnesses, but are not bound by them. See Iowa R.App.P. 14(f)(7).

II. Amount of child support. The issue in this case is whether the district court’s application of our child support guidelines and its order fixing Edward’s child support obligation at $800 per month is inequitable or otherwise an abuse of discretion under the guidelines. We conclude that the district court correctly applied the support guidelines and that its order was not inequitable or an abuse of discretion.

A. Congress passed legislation in 1984 and 1988 in an effort to improve the adequacy of child support payments throughout the United States. See generally In re Marriage of Powell, 474 N.W.2d 531, 533 (Iowa 1991). Under this legislation, states were to develop and implement child support guidelines intended to remedy the inadequate, inconsistent, and ineffective case by case approach for setting child support. Id. Our recently amended guidelines promulgated by this court pursuant to Iowa Code section 598.21(4) (1989), as amended by 1989 Iowa Acts chapter 166, section 6, which are applicable to this case, became effective December 31, 1990. See In re Marriage of Bergfeld, 465 N.W.2d 865, 868-69 (Iowa 1991).

In determining the appropriate amount of child support under our guidelines, a court must determine both the custodial and noncustodial parent’s net monthly income. There is a rebuttable presumption that the amount of child support which would result from application of the guidelines is correct. See 1989 Iowa Acts ch. 166, § 6 (codified at Iowa Code § 598.21(4) (1991)). A court cannot vary the amount of the child support prescribed by the guidelines without a written finding that application of the guidelines would be unjust or inappropriate under the “special circumstances” of the case.

Based upon our de novo review of the record, we agree with the district court’s determination that Susan’s net monthly income for purposes of applying the child support guidelines is $1,800. We likewise agree with the court’s determination that Edward’s net monthly income is $3,629. With respect to setting child support for noncustodial parents such as Edward, with a net monthly income of over $3,001, our guidelines provide as follows:

In this range the appropriate figure is deemed to be within the sound discretion of the court or the agency fixing support by administrative order. The amount of support payable by a noncustodial parent with a monthly net income of $3,001 or more shall be no less than the dollar amount as provided for in the guidelines for a noncustodial parent with a monthly net income of $3,000.

See, e.g., In re Marriage of Lalone, 469 N.W.2d 695, 696 (Iowa 1991).

The guidelines require a noncustodial parent to contribute 22.5 percent of that parent’s net monthly income toward the support of a single child if the noncustodial parent’s net monthly income is $3,000 and the custodial parent’s income is $1,800. Thus, at a minimum, the guidelines obligate Edward to make payments of $675 *287 per month for Eric’s support ($3,000 multiplied by 22.5 percent).

In this case, the district court in its discretion calculated Edward’s monthly support figure by multiplying 22.5 percent by Edward’s net monthly income of $3,629 and rounding it off to $800. On this appeal, Edward contends that the district court abused its discretion by calculating the amount of monthly child support in this manner.

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Bluebook (online)
486 N.W.2d 284, 1992 Iowa Sup. LEXIS 263, 1992 WL 133276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-gehl-iowa-1992.