Hurd v. Iowa Dept. of Human Services

• Decision Date: 15 June 1998
• Docket Number: No. 96-1472,96-1472
• Citation: 580 N.W.2d 383
• Parties: Morris C. HURD, Appellant, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellee.
• Court: Iowa Supreme Court

Page 383

580 N.W.2d 383

Morris C. HURD, Appellant, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellee.

No. 96-1472.

Supreme Court of Iowa.

June 15, 1998.

Rehearing Denied July 13, 1998.

Morris C. Hurd, Kellogg, pro se.

Thomas J. Miller, Attorney General, Diane Stahle, Deputy Attorney General, and Robert R. Huibregtse, Assistant Attorney General, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, NEUMAN, and TENUS, JJ.

McGIVERIN, Chief Justice.

Petitioner, Morris C. Hurd, appeals a decision of the district court dismissing his petition for judicial review. In those proceedings, Hurd sought review of actions taken by the Child Support Recovery Unit (hereinafter "CSRU" or "agency") of the Iowa Department of Human Services which proposed to release information concerning his child support debt to consumer reporting agencies, pursuant to Iowa Administrative Code (hereinafter "IAC") rule 441-95.12. The district court concluded that the CSRU's records accurately reflected Hurd's child support debt, that this amount exceeded $1000, and that the CSRU therefore had authority to release this information to the credit reporting agencies. The court dismissed the petition.

Upon Hurd's appeal, we affirm.

I. Background facts and proceedings.

The marriage of petitioner, Morris C. Hurd, and Linda Hurd was dissolved by decree in 1990 in the district court for Ida County. The dissolution decree ordered Morris to pay $400 per month in child support for the couple's two daughters, Maureen, born June 9, 1971, and Heather, born October 29, 1974, to be paid to the Ida County clerk of district court. The support payments were to continue until each child reached the age of eighteen, but if a child was enrolled in college, then payments were to continue as long as the child met the requirements of Iowa Code section 598.1(2) (1989). ¹ The decree stated that in no event were payments to continue beyond a child's twenty-third birthday.

Morris fell behind in his child support payments. As a result, Linda Hurd requested the assistance of the CSRU in 1993 to enforce the support provisions of the dissolution decree. As of May 22, 1993, Morris' support delinquency totaled $8175.

In May 1995 the CSRU sent Morris a notice informing him that he owed a child support arrearage of at least $1000 and that his name would be released to consumer reporting agencies thirty days after the date of the notice pursuant to federal and Iowa regulations. ² See 42 U.S.C. § 666(a)(7) (1994); 45 C.F.R. § 303.105 (1995); Iowa Admin.Code r. 441-95.12 (1995). The notice stated that Morris had a right to a review of the CSRU's decision if he disagreed with the amount due and that he would be required to submit proof to support his position.

Hurd exercised his right to review and requested a conference with the CSRU regarding the child support debt owed. He also filed a notice of various affirmative defenses to the charges.

At a conference with the CSRU on August 24, 1995, Hurd argued that he was entitled to credit against the child support debt for payments he allegedly made directly to his children but which were not made to the clerk of district court, that the dissolution decree with respect to child support had been modified by agreement of the parties, and that Heather was not a full-time student. Hurd submitted only two exhibits at the conference. One exhibit was a birthday note from his daughter Maureen, and the other was an uninsured motorist distribution statement issued to his daughter Heather concerning money for injuries she sustained from an automobile accident that occurred on February 14, 1993.

The CSRU file contained information concerning the amount of Hurd's child support obligation due under the 1990 dissolution decree according to clerk of court records, evidence that daughter Heather was a full-time college student at all material times and the amounts of child support payments Hurd had paid to the clerk of district court.

Under Iowa Code section 252B.14(4), child support payments that Hurd may have made to persons other than the clerk of district court or the collection services center do not satisfy the support obligations created by the dissolution case judgment, except as provided by Iowa Code sections 598.22 and 598.22A (1995). Hurd made no contention he had paid more than $6775 to the clerk of district court or to Linda Hurd.

On August 29, 1995, a CSRU officer filed a decision rejecting Hurd's contentions. The decision stated that Hurd's past due child support totaled $16,525 which was obviously more than the $1000 arrearage that would authorize the CSRU to release information concerning Hurd's support obligation to consumer reporting agencies.

Hurd filed a petition for judicial review under Iowa Code chapter 17A in district court asserting, inter alia, that the CSRU had violated his constitutional rights by failing to give him proper notice, hearing and opportunity to be heard concerning his child support debt.

After a hearing was held regarding Hurd's petition for judicial review, the district court dismissed the petition. The district court stated that petitioner was not entitled to a formal hearing before that agency. Additionally, the district court concluded that Hurd failed to supply sufficient proof to the agency to substantiate his position and that the child support recovery officer confirmed the overdue amount listed on agency records. The district court further concluded that issues raised by Hurd concerning alleged modification of the original support order and whether he should be granted credit for payments made other than to the clerk of court fell under the jurisdiction of the Ida County district court that issued the original dissolution decree.

After an adverse ruling on his Iowa rule of civil procedure 179(b) motion, Hurd appealed.

II. Standard of and issues for review.

Our review of the district court's judicial review ruling is for correction of errors at law. See Iowa Code § 17A.20; Iowa R.App.P. 4; Squealer Feeds v. Pickering, 530 N.W.2d 678, 681 (Iowa 1995). Although we give weight to an agency's interpretation of a statute, we are not bound by that construction. City of Des Moines v. Public Employment Relations Bd., 275 N.W.2d 753, 758 (Iowa 1979).

Although Hurd raises a multitude of issues on appeal, the only issue addressed by the district court, and the only issue we need address in this appeal, is whether the CSRU properly exercised its authority in finding that Hurd owed more than $1000 in child support. See Sindlinger v. State Bd. of Regents, 503 N.W.2d 387, 390 (Iowa 1993) (discussing standard of review in administrative law cases characterized as "other agency action"); Sheet Metal Contractors v. Comm'r of Ins., 427 N.W.2d 859, 867 (Iowa 1988) (noting that a party cannot challenge "other agency action" on the "substantial evidence" ground specified in section 17A.19(8)(f)). If so, then the CSRU has authority to release information concerning Hurd's child support arrearage to credit reporting agencies pursuant to IAC rule 441-95.12. Before addressing the merits of this issue, however, we think it helpful to first clarify what information may be considered in determining whether Hurd owed more than $1000 in child support.

III. Credit for child support payments not made to the clerk of court.

On appeal, Hurd contends that he should receive credit against his child support debt for payments allegedly made directly to his children, or for items he paid for or on their behalf. ³ This contention has no merit. First, the dissolution decree specifically ordered Hurd to direct his child support payments to the Ida County clerk of court. Second, the legislature has plainly stated that child support payments shall be directed to the clerk of the district court or the collection services center in order to be given credit on the child support judgment obligation. See Iowa Code §§ 252B.14(2), (3); 598.22 ("payments to persons other than the clerk of the district court and the collection services center do not satisfy the support obligations created by the orders or judgments"). The only exception to this rule is if payment is confirmed by the court upon submission of an affidavit by the person entitled to receive the support payment. See Iowa Code § 598.22A(1). Since Hurd has no affidavit from Linda stating she received child support payments directly from Hurd, the exception allowed by Iowa Code section 598A.22(1) is not applicable. The rule is simple. A child support obligor will only receive credit for child support payments made to the appropriate clerk of court or to the collection services center. See Iowa Code §§ 252B.14(4); 598.22; In re Marriage of Caswell, 480 N.W.2d 38, 40 (Iowa 1992). Hurd thus receives no credit for payments that he allegedly made directly to his children or for items he bought on their behalf. We believe the policy reasons supporting this rule are obvious and do not bear repeating here. See Caswell, 480 N.W.2d at 40.

IV. Modification of child support obligation.

Hurd claims that the dissolution decree was orally modified and that the child support amount was reduced to $200 per month. He further claims that he no longer has a responsibility to pay child support because Heather is not a full-time college student, as required by the dissolution decree. We need not address these claims because they are nothing more than an attempt by Hurd to alter the terms of the dissolution decree with respect to the amount of child support he must pay each month. The legislature has clearly stated such actions must be initiated in district court in the original dissolution case. See Iowa Code § 598.21(8). Thus, Hurd's only remedy concerning the amount of child support he must pay each month must be pursued as a petition to modify the child support provisions of the original divorce decree. Accordingly, the district court properly refused to address Hurd's claim...