Renee Gilley v. Paul McCarthy, 469 N.W. 2d 666 (Iowa, 1991)

CASE: Man challenges calculation of child support obligation.

FACTS: Child, Nash Lyne, is born out of wedlock to two parents who were married to other spouses. The father had two children conceived in marriage. The mother filed a paternity action against the father, who admitted parternity. The court calculated his monthly obligations at $591.64 per month, based on judicial guidelines containing formulas for support. The father's monthly payment was based on the fact that he had one child not living in his custody. He challenged the calculation, contending the calculation should have been based on the fact that he already has two other children to support. Under this formulation, his support obligations would drop to $334.55 per month.

QUESTION: Whether the court erred in not taking into consideration a serial-father's custodial children in determining his support obligation to his non-custodial child?

FATHER ARGUES: He has three children to support, not just Nash Lyne, and that should be taken into consideration by the court in determining how much he should pay to the mother of Nash Lyne.

COURT SAYS: Affirms trial court (judgment for the mother).

HOLDING: Trial court did not err in not including a serial father's the custodial children in its calculation of his support obligation to his noncustodial child where the serial father failed to present evidence sufficient to rebut the presumption that the amount of child support which would result from the application of the judicial child-support guidelines is the correct amount of child support to be awarded.

RATIONALE:

  • By adopting the guidelines, the court 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.
  • A calculation as McCarthy contends would determine an amount of child support without any consideration of the actual needs of the child and the circumstances or financial means of the parents.
  • The trial court considered the existence of expenses related to the two children of McCarthy's marriage, a determination which is germane only in determining McCarthy's financial ability to pay, not as a reason to alter application of the guidelines by using the three-child test.


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