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In re Seay

Iowa Supreme Court

746 N.W.2d 833 (2008)

Facts

DeAngelo Seay (plaintiff) and Andrea Thomas (defendant) were never married, but the couple had three children. Seay filed for a determination of custody and child support. The district court awarded the parties joint physical care of the children and established a schedule under which the children would live with Thomas for 206 days and Seay for 158 days. The court also ordered Seay to pay $248 per month in child support. Seay appealed, asserting that the court should have used the offset approach provided by an Iowa court rule that applied to cases of equally shared physical care. This offset approach entailed a calculation of child support based on the difference between the amounts the parties would owe if they were noncustodial parents. Thomas cross-appealed, arguing that the offset approach was inapplicable and challenging the $248 amount as too low. The Iowa Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Appel, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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