In Re the Marriage of Nelson

654 N.W.2d 551, 2002 Iowa Sup. LEXIS 258, 2002 WL 31828135
CourtSupreme Court of Iowa
DecidedDecember 18, 2002
Docket01-0780
StatusPublished
Cited by3 cases

This text of 654 N.W.2d 551 (In Re the Marriage of Nelson) 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 Nelson, 654 N.W.2d 551, 2002 Iowa Sup. LEXIS 258, 2002 WL 31828135 (iowa 2002).

Opinion

TERNUS, Justice.

The district court and the court of appeals concluded the appellant, Richard Nelson, should pay increased child support to his former -wife, appellee Jane Nelson, for the Nelsons’ disabled adult child, Marie. We reject Richard’s contention'that Marie is capable of being self-supporting. Because we also conclude that the amount of support ordered by the district court is fair and reasonable, we affirm the decision of the court of appeals and the judgment of the district court.

I. Background Proceedings.

Richard and Jane were divorced in 1998, and, under the terms of the decree, shared joint legal custody of their Wo children, Marie and Michael. Richard was granted sole physical care of Michael, born in 1986, and Jane was granted sole physical care of Marie, born in 1980. Each party was granted “liberal arid reasoriable rights of visitation.”

The district court in the original dissolution action also ordered both parties to pay child support. Although Marie had turned eighteen three days before the decree was entered, the court ruled that child support would include “a child of any age who is dependent on the parties because of physical or mental disabilities.” Marie is a high-functioning autistic adult. Therefore, the court ordered Richard to pay $11.59 per week to Jane for Marie’s support. Jane was ordered to pay $28.67 per week to Richard for Michael’s support.

In October 2000, Jane filed an application for modification, seeking a specific schedule for her visitation with Michael. In response, Richard.sought an increase in Jane’s child support payments. Additionally, the parties disputed whether Marie was a mentally disabled dependent adult for whom Richard should continue to pay child support.

After trial, the court ordered a specific visitation schedule for Jane with Michael and, because Jane’s support payments deviated by more than ten percent from the amount due under the current child support guidelines, the court also increased Jane’s child support obligation to $62 per week. See Iowa Code § ’598.21(9) (1999) (providing that a substantial change of circumstances so as to support modification of the decree exists when child support payments deviate by ten percent or more from the current guidelines' amount). These rulings are not challenged in this appeal.

The final issue addressed by the district court was Richard’s obligation to pay support for Marie. The court concluded the evidence would not support a finding that Marie was now employable such that she could work a steady job for a steady wage. The evidence did show, however, that Marie’ receives social security disability payments as well as Title XIX medical coverage, and that these benefits are not sufficient to cover her financial needs. The court concluded, apparently based on Richard’s increased earnings since the divorce, that he had the financial means to contribute more than $11.59 per week towards Marie’s support, and so increased Richard’s child support obligation to $62 per week.

Richard appealed that part of the court’s ruling ordering him to pay child support for Marie. .The appeal was transferred to the court of appeals, where the district court judgment was affirmed. This court granted further review.

II. Scope of Review.

Our review is de novo. In re Marriage of Hilmo, 623 N.W.2d 809, 811 *553 (Iowa 2001). We give weight to the trial court’s findings of fact, especially when considering the credibility of witnesses, but such findings do not bind us. In re Marriage of Beecher, 582 N.W.2d 510, 513 (Iowa 1998).

III. General Principles Governing Child Support.

A parent’s legal obligation to support his or her children does not necessarily end when the child reaches the age of majority. Iowa law includes within a parent’s support obligation “support for a child of any age who is dependent on the parties to the dissolution proceedings because of physical or mental disability.” Iowa Code § 598.1(9) (defining “support payments”); see also id. § 598.21(4)(a) (authorizing district court in dissolution proceeding to require parent “to pay an amount reasonable and necessary for supporting a child”). To determine whether a child is “dependent,” we consider the child’s ability to be gainfully employed and whether the child receives income or benefits from other sources. See In re Marriage of Hansen, 514 N.W.2d 109, 112 (Iowa Ct.App.1994).

Our child support guidelines do not apply to support involving dependent adult children. See In re Marriage of Davis, 462 N.W.2d 703, 705 (Iowa Ct.App.1990). Therefore, in determining what amount of support is “reasonable and necessary,” we look to the ability of both parents to contribute to the support of the dependent child. See id.

IV. Marie’s Dependency.

Upon our de novo review of the record, we find the following facts, granting due deference to the trial court’s credibility determinations. At the time of trial, Marie was twenty years old. She was in good physical health; however, the state of her mental health was disputed. Marie is autistic and the Social Security Administration has held that she is disabled under federal disability rules for adults. Thus, Marie qualifies for supplemental security income (SSI) payments and receives $530 per month in SSI benefits. Although Marie has been prescribed medication for her condition, she chose to quit taking it, deciding on her own that she did not need it.

Marie lives with her mother, Jane. Jane serves as the payee for Marie’s SSI payments and, with the approval of the federal authorities, receives $200 per month from these payments to cover rent and other living expenses for Marie. The balance of Marie’s benefits is placed in one of her two bank accounts.

Marie graduated from high school in a mainstream program. Although she was accepted at a community college, she did not attend. Marie has a driver’s license and can drive a car, a motorcycle, and a tractor. She is capable of physical labor, having assisted her father in several small construction projects and having worked on her grandmother’s farm. Marie has also done lawn work and picked apples on an occasional basis. In addition, she works as needed for an appliance repair business, repairing appliances in return for a share of the profit if the appliance is later sold. In the past, she has repaired bicycles and then sold them. For a short period of time she provided care for her grandmother, who had suffered a stroke. This care involved helping her grandmother to the bathroom, assisting in meals, and helping with medications.

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Bluebook (online)
654 N.W.2d 551, 2002 Iowa Sup. LEXIS 258, 2002 WL 31828135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-nelson-iowa-2002.