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In re Marriage of Jones6/9/2004
Appellant Kathy Ann Casey, formerly known as Kathy Ann Jones, appeals an order modifying the child support obligation of Timothy Scott Jones. AFFIRMED.
Appellant Kathy Ann Casey, formerly known as Kathy Ann Jones, appeals an order modifying the child support obligation of Timothy Scott Jones. Kathy, who has physical care of the parties' daughter, Nicole Jones, who was born on February 1, 1987, contends the district court arrived at an inequitable result. We affirm.
The case was tried in equity. Our review is therefore de novo. Iowa R. App. P. 6.4. We examine the entire record and adjudicate anew rights on the issues properly presented. In re Marriage of White, 537 N.W.2d 744, 746 (Iowa 1995). 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. 6.14(6)(g); In re Marriage of Gaer, 476 N.W.2d 324, 326 (Iowa 1991). We recognize that the district court"has reasonable discretion in determining whether modification is warranted and that discretion will not be disturbed on appeal unless there is a failure to do equity." In re Marriage of Walters, 575 N.W.2d 739, 741 (Iowa 1998) (quoting In re Marriage of Vetternack, 334 N.W.2d 761, 762 (Iowa 1983)).
On March 13, 2003, Timothy filed the petition seeking modification of his child support obligation which led to this appeal. The matter came on for hearing on September 16, 2003, and on October 14, 2003, the district court filed a decision finding as of July 1, 2003, Timothy's child support was reduced to the amount of fifty dollars a month.
Timothy's child support obligation had been set at $125 a week. On March 26, 2001, while employed as a roofer earning about twenty-five dollars an hour, he injured his back in an alleged work-related injury. He had surgery in March of 2002 and was permanently restricted by his doctor to light work. He took a job paying seven dollars an hour. He filed for workers' compensation benefits, and his claim was contested. In January of 2003 the claim was settled as a compromised settlement. Timothy received the sum of $100,000, which left him with $70,000 after payment of attorney fees. The settlement application computed Timothy's weekly benefit based on Timothy's age and life expectancy at $36.38 a week. In February of 2003 Timothy again injured his back and has not been able to work. He had applied for social security disability benefits, but the matter had not been resolved at the time of the modification hearing. If Timothy does receive the benefits, Nicole, as a minor dependent child, would also receive benefits.
Kathy makes only a general argument that equity was not done. She does not challenge the district court's finding, with which we agree, that Timothy was disabled and unemployed or that the settlement was for a lifetime disability which resulted in a weekly benefit of $36.38. Kathy's argument seems to be that Timothy should have been required to pay her a lump sum of $12,500, which is 100 weeks of child support at $125 a week, representing support for the time until Nicole graduates from high school. Kathy contends the district court did not do equity in refusing this request. In support of her claim she relies solely on the case of In re Marriage of Swan, 526 N.W.2d 320 (Iowa 1995).
A court may modify an order of child support when a"substantial change in circumstances" has been shown to exist. Walters, 575 N.W.2d at 741. One of the factors which the court is to consider is,"Changes in the employment, earning capacity, income or resources of a party." Iowa Code ยง 598.21(8)(a) (2003). This was the factor relied on by Timothy in seeking a reduction in his
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