State of Iowa, ex rel P.E.M. v. Williams
CourtCourt of Appeals of Iowa
Date FiledSeptember 2, 2026
Docket25-2122
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 25-2122
Filed September 2, 2026
_______________
State of Iowa, ex rel. P.E.M.,
Petitioner–Appellee,
v.
Eddie Earl Williams,
Respondent–Appellant,
and
Tayauna Patrice Mosley,
Respondent.
_______________
Appeal from the Iowa District Court for Story County,
The Honorable Amy M. Moore, Judge.
_______________
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
WITH INSTRUCTIONS
_______________
Katherine R.J. Scott of New Point Law Firm, PLC, Ames, attorney for
appellant.
Brenna Bird, Attorney General, and Justin D. Walker and Brooke J.
Thompson, Assistant Attorneys General, attorneys for appellee.
_______________
Considered without oral argument
by Tabor, C.J., and Chicchelly and Sandy, JJ.
Opinion by Sandy, J.
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SANDY, Judge.
Eddie Williams appeals the adjustment of his child support obligation
for one of his nine children. Williams argues the district court failed to
include two qualified additional dependent deductions in its calculation and
incorrectly calculated his income. Upon our review, we agree that Williams’s
income was incorrectly calculated but find no error in excluding two of his
children as qualified additional dependent deductions. Accordingly, we
affirm the portion of the district court’s order regarding the qualified
additional dependent deductions but reverse and remand for recalculation of
Williams’s income consistent with this opinion.
BACKGROUND FACTS AND PROCEEDINGS
Williams and Tayauna Mosley are the parents of P.E.M., born in 2017.
Originally, Williams was not required to pay child support. But in 2025, Child
Support Services (CSS) reviewed Williams’s case and modified his support
obligation to $732 per month plus $263 per month in cash medical support.
The modified support obligation was based on Williams’s gross
monthly income, calculated by CSS to be $5,268.18. CSS based their
calculations on the financial statement and paychecks Williams submitted.
Williams’s financial statement claimed he worked part time as a “cleaning
laborer” and was paid bi-weekly. However, the checks Williams provided as
proof of his income were based on an irregular schedule and varied
significantly in amount. The checks were dated from August to November,
and the amounts varied from $250 to $2,000, with no obvious pattern in
amount or schedule. Although his monthly income varied, the checks
submitted show Williams’s monthly income did not exceed $3,300. Despite
the irregularities in Williams’s pay, CSS calculated his income by averaging
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his paychecks and treating that amount as his weekly income rather than bi-
weekly income.
Williams’s financial statement also claimed legal responsibility for
eight other children, although he was only ordered to pay support for one.
The Child Support Guidelines Worksheet completed by CSS credited
Williams for four other children in Qualified Additional Dependent
Deductions (QADD). In the worksheet’s comments, CSS noted that “Eddie
E. Williams requested a qualified additional dependent deduction, however,
no verification of paternity was provided, so no deduction could be given.”
Williams requested a hearing on the modification. At the hearing,
Williams claimed the CSS calculation was incorrect because it did not
include two of his other children as QADDs and because it miscalculated his
income as weekly rather than bi-weekly.
Much of the hearing was devoted to sorting out Williams’s income.
Williams testified that before the hearing in December 2025 he worked part-
time for his wife’s cleaning business. However, he claimed he no longer
worked for his wife since they separated, and he had not worked since
November 10. At the time of the hearing, Williams had not attempted to find
a new job, and there is nothing in the record indicating he filed for
unemployment.
Williams then attempted to clarify his pay schedule and the
inconsistent amounts of his paychecks. Williams explained his paychecks
were sporadic because he was only paid for a job after his employer was paid.
To explain the amounts of his paychecks, Williams testified he was paid a
variable percentage of the jobs he worked rather than being compensated
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hourly or by salary. However, Williams did not testify about what his pay rate
was or how his pay was calculated.
The conversation then turned to clarifying which of Williams’s
children could be included as QADDs. Of the four children excluded from
CSS’s deduction, Williams did not have a support order or proof of paternity
for three of them. However, Williams filled out a voluntary paternity affidavit
for one child, but he had not received anything from the State confirming
paternity by the time of the hearing. The one child Williams had a support
order for was excluded from the QADD, but his support amount was
deducted from Williams’s income calculation.
Ultimately, the district court adopted Williams’s monthly income as
calculated by CSS, reasoning:
Eddie provided checks to CSS for verification of his income. Eddie
stated that he is paid bi-weekly, however, the checks were dated
sporadically from August through November, with no discernible way to
determine a regular income amount. Eddie was working for his wife’s
residential cleaning business but states it is their slow season and has not
worked since early November. He has not sought other employment since
last working for his wife. Prior to residential cleaning, he worked on wind
turbines for Blattner Energy, making “good money” but he was required
to travel often so he left that employment in March of 2025. He testified
he has nine children and has a support order for one of those children.
....
The Court is faced with difficulties in determining Eddie’s income
based on the provided information. As no further evidence was provided
by Eddie, the Court finds CSS’s calculations to be correct and appropriate
and will adopt those recommendations. The Court also finds no reason to
deviate from the guidelines as they were previously calculated. Those
guidelines are the basis for this Order
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Williams appeals, raising the same arguments made during the
hearing.
STANDARD OF REVIEW
Review and adjustment of child support obligations are equitable
proceedings, so our review is de novo. See Iowa R. App. P. 6.907; State ex rel.
Weber v. Denniston, 498 N.W.2d 689, 690 (Iowa 1993).
DISCUSSION
I. Qualified Additional Dependent Deductions
Williams begins by claiming he should have been given additional
QADD for two of his other children. “To establish a qualified additional
dependent deduction, the requesting parent must demonstrate a legal
obligation to the child(ren) under Iowa Code section 252A.3 [(2025)].” Iowa
Ct. R. 9.7. According to rule 9.7, there are four ways to establish a legal
obligation to a child: (1) by court order; (2) “[b]y the statement of the person
admitting paternity in court and upon concurrence of the mother”; (3) “[b]y
the filing and registration by the state registrar of an affidavit of paternity”;
or (4) by the child’s birth during marriage. Id.
However, there are limitations to when a QADD can be claimed, as
“[a] qualified additional dependent deduction cannot be claimed for a child
for whom there is a prior court or administrative support order.” Iowa Ct.
R. 9.8(2). This is exactly the case for Williams’s child S.W. for whom
Williams’s claims should have been included in his deduction. But there is a
prior support order for S.W., so Williams cannot claim the child as a QADD.
Williams argues the district court erred in excluding his other child for
whom he recently filed a paternity affidavit for, claiming the act of filing the
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affidavit entitled him to the QADD. But Williams had not verified paternity
as required by our rules. He had only filed the affidavit. Rule 9.7 requires “the
filing and registration by the state registrar of an affidavit of paternity.” Iowa
Ct. R. 9.7(3). Williams failed to submit any evidence from the state that he
had registered the child. Without some evidence verifying paternity, the
district court was correct to exclude P.W. from Williams’s QADD
calculation.
Accordingly, the district court was correct to set support without
including QADDs for these two children.
II. Income Calculation
Williams’s income proves difficult to calculate for several reasons.
First, it is not clear whether Williams is still employed. Next, despite his
claim that he is paid bi-weekly, Williams’s pay schedule is irregular and has
no established pattern. Additionally, one of the checks used in calculating
Williams’s income was included in error. Williams claimed one of the checks
he submitted—dated September 11, 2025, for $1,500—should not have been
used in calculating his income because it was for the sale of a vehicle rather
than income from his employment. The memo on the check reads
“Highlander,” and the State conceded at the hearing that “[p]erhaps that—
those funds need to be taken out.” As a final hurdle, the amounts of
Williams’s paychecks vary significantly.
While we agree with the district court that there are “difficulties in
determining Eddie’s income based on the provided information,” we find
that the amount CSS calculated improperly inflated Williams’s income. CSS
calculated Williams’s monthly income at $5,268.18, but his paychecks show
his monthly income fell somewhere between $2,000 and $3,300. This
difference of at least $2,000 between CSS’s calculations and Williams’s
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documentation is clearly erroneous and leaves Williams with a hyperinflated
support obligation.
The flaw in CSS’s calculation comes from their treatment of his pay as
weekly rather than bi-weekly and the inclusion of the check for the sale of
Williams’s vehicle. Given the clear error in the State’s income calculation,
we remand the issue to the district court with instructions to calculate
Williams’s income on a bi-weekly basis and to exclude the income from the
vehicle sale.
AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED WITH INSTRUCTIONS.
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