State Ex Rel. Reaves v. Kappmeyer

514 N.W.2d 101, 1994 Iowa Sup. LEXIS 47, 1994 WL 94093
CourtSupreme Court of Iowa
DecidedMarch 23, 1994
Docket92-1147
StatusPublished
Cited by15 cases

This text of 514 N.W.2d 101 (State Ex Rel. Reaves v. Kappmeyer) 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. Reaves v. Kappmeyer, 514 N.W.2d 101, 1994 Iowa Sup. LEXIS 47, 1994 WL 94093 (iowa 1994).

Opinion

TERNUS, Justice.

We granted the State’s application for further review of a court of appeals decision modifying the district court’s order setting child support. We vacate the court of appeals decision and affirm the judgment of the district court.

I. Background Facts and Proceedings.

In our de novo review of this equity proceeding, we find the following facts. See Iowa R.App.P. 4. Nathan Reaves was born on November 30, 1982. Cindy Reaves is Nathan’s mother. Blood tests performed as part of this proceeding established that there was a 99.33% probability that Chris Kappem-eyer is Nathan’s father. Unfortunately for all concerned Chris did not know of Nathan’s existence until this action was brought by the State almost seven years after Nathan’s birth.

Cindy and Chris did not know each other before meeting in an Oelwein bar in February 1982. They became acquainted one evening and Nathan was conceived that night. Chris and Cindy did not have any contact after that occasion. When Cindy discovered that she was pregnant, she decided to give up the child for adoption so she did not *103 inform Chris, whom she believed to be the father. Upon Nathan’s birth Cindy abandoned her plans of adoption. However, she still did not inform Chris of his child’s birth because she heard that he was engaged and was to be married shortly.

After Nathan’s birth Cindy applied for Aid to Dependent Children (ADC) benefits, naming Chris as Nathan’s father in her application for benefits. She received ADC benefits from 1982 until 1987. Neither she nor the State located Chris during this period even though he continued to reside in the Oelwein area.

Meanwhile Chris married his present wife, Rhonda, in December 1982, and they now have three minor children. Chris is a high school graduate and works at FECO, Inc. as a service technician. He has a net monthly income of $1243. Rhonda is employed full-time and has a gross monthly income of approximately $867.

Cindy has an associate degree in nursing and works at a Waterloo hospital as a registered nurse. Her net monthly income is $1605. She lives with her son, Nathan, her six-year-old daughter and her boyfriend. Her boyfriend gives her about $433 each month for their joint living expenses. Although Cindy knows who the father of her daughter is, there was no evidence that she receives support from this man or that she has even attempted to obtain support from him.

In 1989, Cindy learned of Chris’ whereabouts and notified the State. She wanted to establish Chris’ paternity so that Nathan could know his father. The State filed this action pursuant to Iowa Code chapter 252A, seeking to establish paternity and to obtain child support. In recognition of the long delay in seeking support from Chris, the State did not ask for any accrued child support.

After trial, the court ruled that Chris was Nathan’s father. Chris was ordered to pay child support of $50 per month from the date of the blood test report in November 1990. The court deviated from the amount of support payable according to the child support guidelines. The court believed that payment of the guidelines amount would result in a substantial injustice to Chris in view of the long time period elapsing between Nathan’s birth and the claim of paternity. The State appealed and we transferred the case to the court of appeals.

The court of appeals held that the lapse of time between Nathan’s birth and this action was not a sufficient reason to deviate from the guidelines. Relying on an amendment to Iowa Code section 598.21(4) (1991), the court fashioned a new method for calculating support in multiple family situations. The court computed a hypothetical amount of support Chris would be obligated to pay for three children under the guidelines and then subtracted this amount from Chris’ income to arrive at a net monthly income of $759. Using this income figure and the chart for one child, the court calculated Chris’ monthly support payment at $149.

We granted the State’s application for further review. Our review begins with a discussion of the procedure used by the court of appeals to determine support.

II. Support Ordered by Court of Appeals.

In modifying the district court’s support order, the court of appeals relied on a 1993 amendment to section 598.21(4). This amendment directed the supreme court, in its periodic review of the guidelines, to consider other children for whom either parent is legally responsible for support in setting monthly child support payments. 1993 Iowa Acts ch. 79, § 48.

The court of appeals interpreted this amendment to require the district court to consider the noncustodial parent’s obligation to support other children the same as court-ordered support obligations. Court-ordered support obligations are deducted from gross income in computing a parent’s net monthly income. Consequently, the court reduced Chris’ monthly income by a hypothetical amount of support for his other three children and then applied the one child table to that reduced figure to arrive at the monthly support payment.

The interpretation the court of appeals gave to amended section 598.21(4) and the *104 procedure it used in applying the guidelines under its interpretation were incorrect. In a case decided after the court of appeals decision here, we held that the recent amendment to section 598.21(4) does not require the district court to alter the manner in which it computes net monthly income to account for a parent’s support obligations that are not court-ordered. State ex rel. Hartema v. Cottrell, 513 N.W.2d 765 (Iowa 1994). We concluded that the legislature intended to direct our court to consider in our next review of the guidelines the fact that a parent may also be supporting other children. Id. at 767. Consequently, the court of appeals erred in deducting from Chris’ net monthly income the amount of support he would have to pay for three children.

III. Support Ordered by the District Court.

Our child support guidelines are to be strictly followed unless their application would lead to an unjust or inappropriate result. Iowa Code § 598.21(4)(a) (1991). There is a rebuttable presumption that the amount of child support determined according to our guidelines is the correct amount of child support to be awarded. In re Marriage of Brown, 487 N.W.2d 331, 333 (Iowa 1992). That amount may be adjusted upward or downward if the court finds an adjustment necessary to provide for the needs of the children and do justice between the parties under the special circumstances of the case. State ex rel. Nicholson v. Toftee, 494 N.W.2d 694, 695 (Iowa 1993). To justify a departure from the guidelines, the court must make written findings that the scheduled amount would be “unjust or inappropriate” under the criteria established by this court.

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Bluebook (online)
514 N.W.2d 101, 1994 Iowa Sup. LEXIS 47, 1994 WL 94093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-reaves-v-kappmeyer-iowa-1994.