Iowa Department of Human Services ex rel. Greenhaw v. Stewart

579 N.W.2d 321, 1998 Iowa Sup. LEXIS 116
CourtSupreme Court of Iowa
DecidedMay 28, 1998
DocketNo. 96-706
StatusPublished
Cited by4 cases

This text of 579 N.W.2d 321 (Iowa Department of Human Services ex rel. Greenhaw v. Stewart) 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
Iowa Department of Human Services ex rel. Greenhaw v. Stewart, 579 N.W.2d 321, 1998 Iowa Sup. LEXIS 116 (iowa 1998).

Opinion

LARSON, Justice.

The State of Iowa, acting through a child support recovery unit, attempted to use the child support recovery provisions of Iowa Code chapters 252A and 252B (1993) to modify a prior order that required a father to pay $40 per week for each of three children. The State’s petition alleged that the amount of support was inadequate under our child support guidelines. The district court dismissed the petition on the ground that the court lacked subject matter jurisdiction. On this appeal, the father asserts a lack of appellate jurisdiction because the children’s mother, who had filed the appeal, lacked standing. The State appeared amicus curiae and supported the mother’s claim of error. We reject the father’s standing argument, and we also reject the district court’s reasoning for dismissal of the petition. We reverse and remand for further proceedings.

I. The Facts.

Alisa (“Sun”) Greenhaw and Richard Stewart are the parents of three children: Saa-sha, born on September 3, 1976; Richard Winloek, bom on October 1,1978; and Kane, born on July 13,1981. (Saasha is no longer a dependent child, and she is not involved in this appeal. Sun has children from other relationships, and they also are not involved in this appeal.)

Sun and Richard’s common-law marriage was dissolved by a decree of July 22, 1982. The decree incorporated a stipulation by the parties, which provided in part that “[b]y mutual agreement, child care will be split equally by hours within a two week period.” The stipulation further provided:

The parent who is providing the child care shall provide food, clothing, and shelter for the minor children during the time the children are in their physical care and will bear the cost of the same. The medical expenses of the minor children shall be divided as agreed upon by the parties. The educational expenses of the minor children shall be divided as agreed upon by the parties. The parties anticipate that the minor children will be spending an equal amount of time with each parent and each parent will be providing for the needs of the children when they are in their physical care. No other award of child support shall he paid from one party to the other.

(Emphasis added.)

In July 1986 Sun attempted to modify the dissolution decree to eliminate joint physical care and require Richard to pay child support. The court found that Sun had not shown a substantial change in circumstances and denied her application. The court also denied a modification application by Richard on grounds not involved in this appeal.

On Sun’s request, in January 1988, the Iowa Department of Human Services filed a petition for support under Iowa Code chapters 252A and 252B (1985). The petition stated that the parties’ children were receiving public assistance through aid to dependent children and that Richard had not provided reasonable support. The court ordered Richard to pay $40 per week for each of his children and ordered him to maintain medical insurance for them. The court also ordered Richard to pay $3879 to the department of human services to reimburse it for [323]*323the ADC funds paid for the children. Richard appealed.

The court of appeals affirmed this order in Iowa Department of Human Services ex rel. Greenhaw v. Stewart, 435 N.W.2d 749 (Iowa.App.1988). The issues in that appeal were (1) whether Richard could be required to reimburse the state for support paid by the state when Richard had the children half of the time and provided half of their support, and (2) whether Richard had a future child support obligation when the dissolution decree had provided that none would be payable. The court of appeals answered both questions adversely to Richard: he was required to reimburse the state for its past support, and he was ordered to pay future child support despite the fact that the dissolution decree provided for none. Stewart, 435 N.W.2d at 751.

In March 1993 Sun requested the child support recovery unit to review the $40 per week child support order that the court of appeals had approved in 1988. Based on this request and the authority of Iowa Code section 252B.5(7), the State filed a “Petition for Review and Adjustment of Child Support Obligation” in December 1993. The petition asserted that Richard’s “child support obligation deviates from the child support guidelines to the extent that a substantial change of circumstances exists.” Evidence in the district court showed that Richard’s income during the previous six years averaged over $123,000, while Sun’s income was substantially less. (Richard admits that the $40 per month that he is currently paying does not meet the child support guidelines of Iowa Code section 598.21.) The trial court denied the State’s petition, concluding that the court lacked jurisdiction to set support from Richard without a modification of the custody and support provisions of the 1982 dissolution decree.

II. Jurisdiction on Appeal.

The State did not appeal. However, Sun filed a notice of appeal, which stated:

COMES NOW the Petitioner, Sun Greenhaw, by and through Counsel and gives notice of her intent to appeal all findings and rulings adverse to her interests and the interests of her children including but not limited to the Findings, Conclusions, Ruling, and Order filed in the Linn County District Court on January 26, 1996.

Richard argues that this notice of appeal was ineffective because it was filed by Sun and not by the State. According to him, Sun was not a “petitioner” under Iowa Code section 252A2, and therefore, she was not a party to the district court case. Because she was not an aggrieved party in the district court, she could not appeal, according to him. See In re Marriage of Fields, 508 N.W.2d 730, 732 (Iowa 1993) (parent was not “petitioner” under statute and could not sue for support under chapter 252A).

It is true that Sun’s notice of appeal gave notice of her intent to appeal all rulings “adverse to her interests.” But, she also appealed from all rulings adverse to the interests of her children. The children have a legally recognized interest in the case because they are the petitioners. See Iowa Code § 252A.2(5) (1993) (“petitioner” means dependent person); § 252A2(3) (“dependent” includes child who is entitled to support). Because the children had an interest in the district court case, they would have been entitled to appeal the judgment, and Richard concedes that.

Sun has the right, as next friend, to pursue the children’s interests in a chapter 252A proceeding, Fields, 508 N.W.2d at 732, and that right logically and necessarily should extend to an appeal from the judgment in that case. See Davis v. Davis, 246 Iowa 262, 265, 67 N.W.2d 566, 568 (1954) (appeal in chapter 252A case by mother as next friend).

Sun’s notice of appeal did not say that she was appealing as next friend of the children.

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IOWA DHS EX REL. GREENHAW v. Stewart
579 N.W.2d 321 (Supreme Court of Iowa, 1998)

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Bluebook (online)
579 N.W.2d 321, 1998 Iowa Sup. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-department-of-human-services-ex-rel-greenhaw-v-stewart-iowa-1998.