In Re the Marriage of Hagerla

698 N.W.2d 329, 2005 Iowa App. LEXIS 318, 2005 WL 975445
CourtCourt of Appeals of Iowa
DecidedApril 28, 2005
Docket04-0976
StatusPublished
Cited by13 cases

This text of 698 N.W.2d 329 (In Re the Marriage of Hagerla) is published on Counsel Stack Legal Research, covering Court of Appeals 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 Hagerla, 698 N.W.2d 329, 2005 Iowa App. LEXIS 318, 2005 WL 975445 (iowactapp 2005).

Opinion

SACKETT, C.J.

Appellant John Hagerla appeals, challenging the economic provisions of the February 27, 2004, decree dissolving his nearly fifteen-year marriage to Susan Fra-zee-Hagerla. We affirm as modified.

Our review is de novo. Iowa R.App. P. 6.4. We give weight to the fact findings of the trial court, especially when *331 considering the credibility of witnesses. Iowa R.App. P. 6.14(6)($). We are not bound by these determinations, however. Id. We base our decision primarily on the particular circumstances of the parties presently before us. In re Marriage of McKamey, 522 N.W.2d 95, 97 (Iowa Ct.App.1994); see In re Marriage of Weidner, 338 N.W.2d 351, 356 (Iowa 1983).

The parties were married in 1990. Susan was born in late 1961, John in early 1962. Both are high school graduates but neither has an advanced degree, although Susan apparently has a year of college. They have a son born in 1993 and a daughter born in 1994. The parties were named joint custodians of the children and Susan was given primary physical care. The issue of custody is not disputed.

The district court determined John’s income to be $80,000 and Susan’s income to be $20,000. John was ordered to pay $1,222.41 monthly as support for two children and $868.28 when only one child was subject to support. John was given the tax exemption for the younger child and Susan for the older child. John was also ordered to maintain health insurance on the children and to pay seventy-five percent of uncovered expenses after Susan had paid the first $250 on each child or a maximum of $500. He was also ordered to pay Susan what would appear to be rehabilitative alimony of $1,000 a month for a period of six months and $600 a month for the next eighteen months. The district court divided the parties’ assets and made certain other orders, including ordering the parties’ personal residence sold and dividing the proceeds subject to Susan paying the mortgage payment and receiving $1,000 a month credit for February and March of 2004 and the amount of principal paid until the home sells.

Child support. John first challenges the amount of child support he was ordered to pay. He contends the district court attributed too much income to him and too little to Susan in computing child support.

Before applying the guidelines there needs to be a determination of the net monthly income of the custodial and noncustodial parent. In re Marriage of McQueen, 493 N.W.2d 91, 92 (Iowa Ct. App.1992). The court must determine the parents’ current income from the most reliable evidence presented. See In re Marriage of Powell, 474 N.W.2d 531, 533 (Iowa 1991). Application of the child support guidelines chart first involves a determination of net monthly income of each parent. In re Marriage of Lalone, 469 N.W.2d 695, 696 (Iowa 1991); In re Marriage of Miller, 475 N.W.2d 675, 678 (Iowa Ct.App.1991).

John’s income. The district court took an average of John’s earnings from 1999, 2000, 2001, and 2003 to determine his annual income was $80,000 for purposes of computing child support. His 2002 income, which was exceptionally high, was not averaged in with the other years. His earnings in that four-year period included salary and bonuses. In 1999, 2000, and 2001 John worked for the National Pork Board. As part of a National Pork Board reduction in force his job, together with the jobs of certain other employees of the Board, were terminated, and he received a severance package.

John then found employment on August 18, 2003 with the U.S. Food Service in Phoenix, Arizona as an employee at will. His annual salary was fixed at $65,000. After ninety days of continuous employment he would be in a program with a base salary plus commissions earned on a predetermined customer base and be eligible to participate in their management bonus opportunity plan. He testified the company had not paid a bonus in six years. *332 He also received certain benefits including health, life, and disability insurance and retirement benefits. He left that employment after about two and a half months. He then went to work for Distributing Plus, Inc. for an annual salary of $65,000. He testified he was told there would be no bonuses in 2003 and he did not anticipate receiving a bonus in the future. John contends the district court should not have averaged his income or considered bonus income and that his child support obligation should be computed on his annual salary.

We recognize that in some cases the only equitable way to determine income for purposes of child support is to average income over a period of time. In re Marriage of Cossel, 487 N.W.2d 679, 681 (Iowa Ct.App.1992). In addressing the fluctuating income of a farmer we said:

To establish a monthly income for a self-employed person or one who has fluctuating monthly income, it generally is best to use an average of income from a period that accurately reflects the fluctuations in income. A farmer produces commodities that fluctuate in value.

Id.

We also noted in Cossel, 487 N.W.2d at 682, that the definition of income as used in the child support guidelines is most readily adaptable to the parent employed at a set monthly wage as opposed to a self-employed farmer whose income we averaged over a three-year period.

Cossel has been followed by a series of other cases where averaging earnings over several years was considered in determining a parent’s income for purposes of applying the child support guidelines. In re Marriage of Mayfield, 477 N.W.2d 859, 862 (Iowa Ct.App.1991) (noting “net income” was properly found to equal average of last two years of taxable income); In re Marriage of Hoag, 380 N.W.2d 8, 10 (Iowa Ct.App.1985) (considering a five-year period of farming in determining income); see also In re Marriage of Robbins, 510 N.W.2d 844, 846 (Iowa 1994) (stating “it is unrealistic and unfair to fix child support obligations based solely on the most . recent periodic income amounts”); In re Marriage of Powell 474 N.W.2d at 534 (noting that when a parent’s income is subject to substantial fluctuations, it may be necessary for the court to average the parent’s income over a reasonable period when determining the current monthly income); see also In re Marriage of Knickerbocker, 601 N.W.2d 48, 52 (Iowa 1999).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Marriage of Sommervile
Court of Appeals of Iowa, 2023
In re the Marriage of McCabe
Court of Appeals of Iowa, 2022
In re Marriage of Lyga
Court of Appeals of Iowa, 2022
Kay Cooley v. Aaron Cooley
Court of Appeals of Iowa, 2021
In re the Marriage of Dirkx
Court of Appeals of Iowa, 2019
In re the Marriage of Seely
919 N.W.2d 767 (Court of Appeals of Iowa, 2018)
McKee v. Dicus
785 N.W.2d 733 (Court of Appeals of Iowa, 2010)
In Re the Marriage of Keener
728 N.W.2d 188 (Supreme Court of Iowa, 2007)
In re State
904 A.2d 619 (Supreme Court of New Hampshire, 2006)
In Re Marriage of Kupferschmidt
705 N.W.2d 327 (Court of Appeals of Iowa, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
698 N.W.2d 329, 2005 Iowa App. LEXIS 318, 2005 WL 975445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-hagerla-iowactapp-2005.