In Re the Marriage of Powell

474 N.W.2d 531, 1991 Iowa Sup. LEXIS 506, 1991 WL 199930
CourtSupreme Court of Iowa
DecidedJune 19, 1991
Docket90-1455
StatusPublished
Cited by96 cases

This text of 474 N.W.2d 531 (In Re the Marriage of Powell) 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 Powell, 474 N.W.2d 531, 1991 Iowa Sup. LEXIS 506, 1991 WL 199930 (iowa 1991).

Opinion

ANDREASEN, Justice.

This is an appeal from an order modifying a child support order. The district court applied existing guidelines and ordered the father to pay $650 per week as child support.

Our review is de novo. Iowa R.App.P. 4. We are not bound by the district court’s findings of fact, but we give them weight. Iowa R.App.P. 14(f)(7).

I. Background.

A dissolution of marriage was granted to the parties on September 3, 1982. The court granted custody of five-year-old Meredith Renee and one-year-old Lisa Michelle to their mother Susan K. Baker Powell and ordered their father Haydn B. Powell, Jr. to pay $500 per month as child support.

In 1989 both parties filed an application for modification of the decree. Haydn asked that joint custody be established and that his visitation be expanded. Susan asked that additional child support be awarded and that medical and hospital insurance for the children be ordered by the court.

At the modification hearing in August of 1990, the parties asked approval of an agreement for joint custody of the children with Susan to have physical care and Haydn to have specifically agreed upon visitation rights.

Haydn testified he had sold his chiropractic practice, effective January 1, 1990. The court found Haydn had voluntarily reduced his income to avoid an increase in child support. Based upon Haydn’s 1988 income tax return, the court determined his 1988 net income, after deducting expenses and taxes, was $119,260. Finding that Haydn was “capable of netting” this amount of income per year, the court applied the 1989 child support guideline percentage of 28.1 against Haydn’s earning capacity and determined the appropriate child support under the guidelines to be $650 per week. The court ordered payment of the modified child support amount to commence on the thirty-first day of August 1990. The court also ordered Haydn to provide medical and hospital insurance to cover the needs of the minor children and that any medical cost for the children not covered by insurance would be split equally between the parties. Haydn appeals the court’s findings, conclusions and judgment.

The only issue raised by Haydn on appeal pertains to the amount of child support ordered by the court. Haydn challenges the court’s findings that his earning capacity is equivalent to his 1988 income, *533 that he had voluntarily reduced his income to avoid an increase in child support, and that $650 per week child support is reasonable and necessary. Both parties agree there has been a substantial change in circumstances since the dissolution decree was granted.

II. Child Support Guidelines.

In an effort to improve the adequacy of child support payments throughout the United States, Congress passed the Child Support Enforcement Amendments in 1984 and the Family Support Act of 1988. Under this legislation, states were to develop and implement child support guidelines. 42 U.S.C. § 667. The use of guidelines, based upon a mathematical formula, was intended to remedy the inadequate, inconsistent, and ineffective case by case approach for setting child support. Under the federal act, each state was to establish guidelines for child support award amounts by October 13, 1989. Pursuant to legislative directive, we adopted child support guidelines effective October 12, 1989.

Under the law there is a rebuttable presumption that the amount of child support which would result from the application of the guidelines is correct. 1989 Acts ch. 166, § 6 (codified at Iowa Code § 598.-21(4)(a) (1991)). The court cannot vary the amount of the child support without a written finding that the guidelines would be unjust or inappropriate under specific criteria.

The guidelines include charts for use by the court. The 1989 guidelines included four charts to fix the support for one, two, three, and four or more children. A copy of the 1989 guideline chart for two children is attached to this opinion as Appendix A. Amended child support guidelines were adopted in Iowa effective December 31, 1990. The 1990 guidelines enlarged the list of specifically enumerated items that were deductible from gross monthly income in arriving at net monthly income. They also revised the chart percentages and increased the number of charts to include one, two, three, four, and five or more children. A copy of the 1990 guidelines chart for two children is attached to this opinion as Appendix B.

Although the trial court was required to fix monthly child support based upon the 1989 guidelines, we apply the current 1990 guidelines in our de novo review. See In re Marriage of Lalone, 469 N.W.2d 695 (Iowa 1991); In re Marriage of Ladely, 469 N.W.2d 663 (Iowa 1991); In re Marriage of Bergfeld, 465 N.W.2d 865 (Iowa 1991).

III. Parent’s Net Income.

In determining child support under the guidelines, the court must determine both the custodial and noncustodial parent’s net monthly income. Net monthly income is defined in the guidelines to be the gross monthly income less specifically enumerated deductions.

Parties in a dissolution proceeding must disclose their financial status. Iowa Code § 598.13. We have prescribed a financial status form to be filed by both parties prior to dissolution hearings involving alimony or child support. Iowa Ct.R. 205. This form requires the affiant to show the current gross income source and amount, an explanation of the deductions in arriving at the net income amount, and the amount of net income. Although not designed for use in determining net income for guidelines purposes, it can be so used. Both parties filed the form.

Susan is an employee with a gross monthly income of $960 and a net income of $720. Haydn is a self-employed doctor of chiropractic. Haydn testified that he had sold his practice in Jefferson City, Missouri, on contract, to a relative for $250,000 with possession given on January 1, 1990. He stated the unpaid balance on the contract was approximately $150,000 and that at the time of the hearing he was attempting to buy back into the practice. His affidavit reported as his total monthly income the sum of $2074, the amount he receives from the sale of his practice.

Haydn furnished evidence that his annual net taxable income from 1982 through 1988 ranged from a low of $16,951 in 1985 *534 to a high of $176,442 in 1988. The average net income for the seven year period was $57,214. Although the modification hearing was held in August of 1990, Haydn did not provide 1989 income tax information.

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Bluebook (online)
474 N.W.2d 531, 1991 Iowa Sup. LEXIS 506, 1991 WL 199930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-powell-iowa-1991.