State Ex Rel. Nicholson v. Toftee

494 N.W.2d 694, 1993 Iowa Sup. LEXIS 34, 1993 WL 8840
CourtSupreme Court of Iowa
DecidedJanuary 20, 1993
Docket91-678
StatusPublished
Cited by13 cases

This text of 494 N.W.2d 694 (State Ex Rel. Nicholson v. Toftee) 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
State Ex Rel. Nicholson v. Toftee, 494 N.W.2d 694, 1993 Iowa Sup. LEXIS 34, 1993 WL 8840 (iowa 1993).

Opinion

SNELL, Justice.

This case presents a recurring problem of how to determine child support obligations in a fair manner. We have established child support guidelines to further that end. A difficult situation has arisen in this case from the fact that three children of the same father are living in three separate households. The trial court used the guidelines table for one child to fix the amount of support; the court of appeals used the table for two children and modified the result. On further review, we now vacate the decision of the court of appeals and affirm with modification the judgment of the district court.

The case began as a declaratory judgment action to establish paternity. , John Toftee then stipulated that he is the father of Heather Toftee, Brandon Toftee, and Trevor Wendell Nicholson. Heather Toftee is John Toftee’s oldest child, born to Debbie L. Toftee on September 8, 1976. John’s second child is Brandon Toftee born on August 28, 1983, to Shawn M. Green. The third child, Trevor Wendell Nicholson, was born to Mary Nicholson on July 28, 1990. The State of Iowa, representing Brandon and Trevor, brought an action for child support from John Toftee.

By earlier decree of divorce, John Toftee was required to pay $125 per month support for Heather Toftee. The parties, stipulated and the trial court agreed that the amount would remain fixed and unaffected by this action. We decide the present issues accepting that status. Shawn Green, mother of Brandon Toftee, has a monthly income of $600. Mary Nicholson, mother of Trevor Nicholson, has no monthly income. John Toftee’s monthly income is $1050.

In this equity action, our review is de novo. Iowa R.App.P. 4. We have a duty to examine the entire record and adjudicate anew rights on the issues properly presented. In re Marriage of Steenhoek, 305 N.W.2d 448, 452 (Iowa 1981). We give weight to the fact findings of the trial court, especially when considering the credibility of witnesses, but are not bound by them. Iowa R.App.P. 14(f)(7).

On September 29, 1989, this court entered an order prescribing the Uniform Child Support Guidelines which became effective October 12,1989. Later, we amended these guidelines, effective December 31, 1990, which are those applicable to this case. See Supreme Court Order re: Child Support Guidelines, Dec. 31, 1990.

The purpose of the guidelines is to provide for the best interests of the children by recognizing the duty of both parents to provide adequate support for their children in proportion to their respective incomes. While the guidelines cannot take into account the specific facts of individual cases, they will normally provide reasonable support. In ordering child support, the court should determine the amount of support specified by the guidelines. There shall be a rebuttable presumption that the amount of child support that would result from the application of the guidelines prescribed by the supreme court is the correct amount of child support to be awarded. That amount may be adjusted upward or downward, however, if the court finds such adjustment necessary to provide for the needs of the children and to do justice between the parties under the special circumstances of the case.

Our guidelines define "net monthly income” as a sum reached after subtracting from “gross monthly income” deductions of ten specific types. Deduction number *696 nine is for “prior obligation of child support and spouse support actually paid pursuant to court or administrative order.” The obligation to pay $125. monthly for Heather Toftee’s support fits this category.

The trial court subtracted $125 from John’s gross monthly income of $1050 to obtain the net monthly income of $925. The court then determined the amount of child support for Brandon, the second child, by applying the chart for one child. With John’s net income established at $925 and Shawn Green’s, the custodial parent, at $600, the percent of 24.1 was applied. This resulted in a support amount of $223 for Brandon ($925 X 24.1% = $222.93).

In computing support for Trevor, the third child, the court then subtracted $223 from John’s net monthly income of $925, which yields $702. Applying the chart for one child with Mary Nicholson having no income results in a figure of 25.0%. Child support for Trevor was then fixed at $175.50 ($702 X 25.0% = $175.50). These obligations left John Toftee with $526.50 for personal living expenses. The court made no finding of special circumstances to warrant deviating from these guidelines as is allowed by the guidelines standards themselves.

John Toftee urged and the trial court denied an application of the chart pertaining to three children instead of the one-child chart. Under the three-child chart, the amounts would be $412.65 for three children figuring total custodial parent income at $600 ($1050 X 39.3% = $412.65). Allocated equally, each of three children would receive $137.55. If Heather’s support remained at $125, the other two children would receive one-half of the remaining $287.62 or $143.81. John Toftee’s remainder for living expenses would be $637.35. Alternatively, John Toftee argues that he should pay $125 to each of his three children or $375 total, leaving him a balance of $675.

On appeal, the Iowa Court of Appeals determined that neither the chart for one child nor that for three children produced a result that was fair. That is because the three children are all in separate households other than John Toftee’s. The court of appeals reasoned that treating this situation the same as one in which all three children live in the same household where the three-child chart would apply results in a computation that is artificially low for each child. However, using the one-child chart for the two children involved in this case commits a very large portion of Tof-tee’s monthly income to child support. For these reasons, the court of appeals applied the chart for two children. It then adjusted the outcome to reflect the disparate employment circumstances of each mother. Under its final calculation, Brandon’s support was set at $131 and Trevor’s at $180. This left John with monthly income of $614.20.

Although the result reached by the court of appeals seems fair enough, we do not believe the method used follows our prior cases. In Gilley v. McCarthy, 469 N.W.2d 666 (Iowa 1991), we applied the chart for one child rather than the three-child chart in which the father had two children from his existing marriage in addition to the child for whom support was sought. We noted that “[b]y adopting these guidelines we intended that trial courts select a chart consistent with the number of children who live in the custodial parent’s household and can legally claim both parties as parents.” Id. at 668. In Gilley, only one child fit this description. We agreed with the trial court that there were no special circumstances calling for deviating from the one-child chart. In application, the noncustodial father was required to pay $591.64 from his net monthly income of $3521.65 leaving him $2930.01. We noted that the chart for three children was inappropriate because only one of the three children lived in the custodial mother’s home to share expenses and to claim both parents for support.

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Bluebook (online)
494 N.W.2d 694, 1993 Iowa Sup. LEXIS 34, 1993 WL 8840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nicholson-v-toftee-iowa-1993.