Moody v. Trimble

• Decision Date: 21 September 2022
• Docket Number: 22-0180
• Parties: BENJAMIN MOODY, Petitioner-Appellant/Cross-Appellee, v. BROOKE TRIMBLE, Respondent-Appellee/Cross-Appellant
• Court: Iowa Court of Appeals

BENJAMIN MOODY, Petitioner-Appellant/Cross-Appellee,
v.
BROOKE TRIMBLE, Respondent-Appellee/Cross-Appellant

No. 22-0180

Court of Appeals of Iowa

September 21, 2022

Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.

Benjamin Moody appeals the district court's child-support calculations. Brooke Trimble cross-appeals the district court's denial of her request to modify visitation.

Megan R. Rosenberg of Cady &Rosenberg Law Firm, P.L.C., Hampton, for appellant/cross-appellee

Elizabeth M. Wayne of Papenheim Law Office, Parkersburg, for appellee/cross-appellant.

Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.

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AHLERS, PRESIDING JUDGE.

The parties are the parents of a child born in 2017. In 2019, a stipulated decree granted both parents joint legal custody, the father physical care, and the mother visitation. The mother was also ordered to pay $73 per month in child support.

Less than five months after entry of the stipulated decree, the mother filed this action seeking to change physical care from the father to her, or, alternatively, to joint physical care. During trial, she also requested more visitation as an additional alternative. The father resisted, and he requested additional child support.

The district court denied the mother's requested modification. The court concluded the mother had failed to meet her burden to prove a substantial change of circumstances to warrant modification of physical care because the changes she relied upon were neither substantial nor outside the contemplation of the court when the stipulated decree was entered.^[1] The court also concluded that a modification of child support was required, as the amount of support owed under the child support guidelines deviated from the original support obligation by more than ten percent. The court raised the mother's child support obligation to $88 per month.

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The father appeals, asking for a larger increase in the mother's child-support obligation using imputed income for the mother. The mother cross-appeals, limiting her challenge to her claim that she should have been granted more visitation. Both parties request appellate attorney fees.

I. Standard of Review

We review child-support and visitation modification proceedings de novo. In re Marriage of McKenzie, 709 N.W.2d 528, 531 (Iowa 2006) (child-support modification); Christy v. Lenz, 878 N.W.2d 461, 464 (Iowa Ct. App. 2016) (visitation modification). Because our review is de novo, we will give weight to the district court's findings of fact-especially as to witness credibility-but we are not bound by them. Iowa R. App. P. 6.904(3)(g).

II. Child-Support Modification

Child-support obligations are determined using the guidelines established by the Iowa Supreme Court and set forth in chapter 9 of the Iowa Court Rules. Iowa Ct. Rs. 9.1, 9.2. The guidelines apply to unwed parents.^[2] Markey v. Carney, 705 N.W.2d 13, 19 (Iowa 2005) (citing Iowa Code section 600B.25(1) to conclude that child support is set pursuant to the guidelines with unwed parents); see Iowa Code §§ 600B.25(1) (directing that support be determined pursuant to section 598.21B); 598.21B (directing the establishment and use of guidelines to determine support). "The purpose of the guidelines is to provide for the best interests of the

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children by recognizing the duty of both parents to provide adequate support for their children in proportion to their respective incomes." Iowa Ct. R. 9.3(1). Applying the guidelines requires determining each parent's net monthly income. In re Marriage of Rife, No. 19-0679, 2020 WL 1542314, at *3 (Iowa Ct. App. Apr. 1, 2020). Once established, the child-support obligation can be modified upon showing a substantial change in circumstances. Smith v. Janssen, No. 15-1421, 2016 WL 4384699, at *3 (Iowa Ct. App. Aug. 17, 2016) (citing Iowa Code § 598.21C(1)). By statutory definition, a substantial change in circumstances warranting modification occurs "'when the court order for child support varies by ten percent or more from the amount' that would be due under the child support guidelines." Id. (quoting Iowa Code § 598.21C(2)(a)).

The district court calculated the mother's income based on evidence suggesting she earns $5 per hour. Using that income figure, the court determined the guideline amount of support to be $88 per month. As that amount exceeds the original support obligation by ten percent or more, the court found a substantial change in circumstances and raised the mother's support obligation to $88 per month.

The father asserts the court should have imputed income to the mother because she is intentionally underemployed. In response, the mother does not disagree with the district court's determination that a substantial change in circumstances occurred or that her child support should be raised. She simply contends that it was raised to the proper amount based on her actual income.

Determining a parent's income for the purpose of calculating child support starts with the premise that actual income will be used rather than imputed income.

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See Iowa Ct. R. 9.5(1)(d) ("To determine gross income, the court shall not impute income under rule 9.11 except . . . [p]ursuant to agreement of the parties, or . . . [u]pon request of a party, and a written determination is made by the court under...