Ary v. Iowa District Court for Benton County

735 N.W.2d 621, 2007 Iowa Sup. LEXIS 89, 2007 WL 2068642
CourtSupreme Court of Iowa
DecidedJuly 20, 2007
Docket03-2097
StatusPublished
Cited by70 cases

This text of 735 N.W.2d 621 (Ary v. Iowa District Court for Benton County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ary v. Iowa District Court for Benton County, 735 N.W.2d 621, 2007 Iowa Sup. LEXIS 89, 2007 WL 2068642 (iowa 2007).

Opinion

WIGGINS, Justice.

The district court held Waylon D. Ary in contempt for violating provisions of his dissolution decree requiring him to make payments to his former spouse, Sarah J. Ary, for his share of the children’s uninsured medical and dental costs, a property equalization award, and an attorney’s fee award. He challenges the court’s contempt finding through a petition for writ of certiorari. Based on our review, we find the court’s contempt order is supported by substantial evidence and the court did not *623 abuse its discretion in determining Way-lon’s punishment for his contempt. Therefore, we annul the writ of certiorari.

I. Prior Proceedings.

On July 28, 2003, Waylon filed an application for contempt. He alleged his former spouse, Sarah, willfully violated the provisions of their dissolution decree by discouraging visitation with their three children, failing to sign the proper forms allowing him to claim the children as de-pendants on his tax return, and failing to furnish the children’s uninsured medical and dental bills in a timely manner. Way-lon requested Sarah be found in contempt and asked the court to require Sarah to facilitate visitation, to release her claim on the dependency exemptions, to provide medical and dental bills in a timely fashion, and assess penalties against her, including, but not limited to, all costs and attorney’s fees incurred by him.

Sarah responded by filing an answer to Waylon’s application and her own application for contempt against Waylon. In her answer Sarah denied discouraging the children from visiting Waylon. She also alleged at no time had Waylon been eligible for the tax exemption because he was never current on his child support obligation. Sarah further alleged she regularly provided Waylon with the children’s uninsured medical and dental bills, but he did not pay them.

In her application for contempt Sarah alleged Waylon had neglected to pay the children’s uninsured medical and dental expenses and one-half of the birth expenses for their youngest child. Sarah also charged Waylon had willfully disobeyed the dissolution decree because he had not paid the property equalization award or the attorney’s fee award as required. Sarah requested the court to direct Waylon to pay all medical bills Sarah listed in her application, the property equalization award plus interest, the attorney’s fee award plus interest, and for any and all other sanctions the court deemed just and equitable.

After conducting a hearing, the district court dismissed Waylon’s application for contempt. Specifically, the district court found Sarah did nothing to interfere with Waylon’s relationship with their children. Rather, the court found Waylon’s conduct was responsible for the current visitation problems. Additionally, the court determined Sarah was not in contempt for failing to allow Waylon to claim a tax exemption for the children because Waylon conceded he failed to pay for the children’s uninsured medical and dental costs.

The district court found the evidence established Waylon was in contempt of court. The court entered judgment in favor of Sarah. In doing so the court reiterated Waylon was required to pay the property equalization award of $6758.05, plus interest at the normal legal rate and the $2000 attorney’s fee award. The district court also ordered Waylon to pay $916.88 for the uninsured medical and dental expenses, $304.18 for attorney’s fees incurred by Sarah in the contempt proceeding, and all court costs. With respect to the birth expenses for their youngest child, the district court did not hold Waylon in contempt because the dissolution decree was silent as to these expenses.

The court sentenced Waylon to thirty days in the county jail for his contempt. The court withheld mittimus, giving Way-lon an opportunity to purge himself of the contempt by presenting an acceptable payment plan to the court within thirty days of the court’s order.

Waylon petitioned this court for a writ of certiorari. We transferred the case to *624 our court of appeals. The writ was sustained in part and annulled in part by the court of appeals. The court of appeals partially sustained the writ because it found “there is no evidence Waylon has the ability to pay the amount due at this time. In fact, the only evidence is that he cannot.” The court of appeals partially annulled the writ as to Waylon’s claim that Sarah was in contempt of a court order.

Sarah petitioned our court for further review, which we granted.

II. Issues.

In her petition for further review, Sarah urges the court of appeals erred by sustaining the writ as to Waylon’s contempt. When a party asks us to review a decision of the court of appeals, we have discretion to review any issue raised in the original appeal regardless of whether such issue is expressly asserted in an application for further review. In re Marriage of Ricklefs, 726 N.W.2d 359, 361-62 (Iowa 2007). In exercising this discretion we will only address: (1) whether the, evidence supported the district court finding that Waylon was in contempt; and (2) whether the district court erred in sentencing Way-lon to thirty days with the opportunity to purge himself of the contempt if he provided an acceptable payment plan.

III. Standard of Review.

Certiorari is an action at law; therefore, our review is at law. Christensen v. Iowa Dist. Ct., 578 N.W.2d 675, 678 (Iowa 1998). In our review of a certiorari action, we can only examine “the jurisdiction of the district court and the legality of its actions.” Id. When the court’s findings of fact are not supported by substantial evidence, or when the court has not applied the law properly, an illegality exists. Amro v. Iowa Dist. Ct., 429 N.W.2d 135, 138 (Iowa 1988). A contemner’s sentence is reviewed for an abuse of discretion. Ickowitz v. Iowa Dist. Ct., 452 N.W.2d 446, 452 (Iowa 1990).

IV.Analysis.

A. Contempt. We have customarily defined contempt as willful disobedience. McKinley v. Iowa Dist. Ct., 542 N.W.2d 822, 824 (Iowa 1996). A party alleging contempt has the burden to prove the contemner had a duty to obey a court order and willfully failed to perform that duty. Christensen, 578 N.W.2d at 678. If the party alleging contempt can show a violation of a court order, the burden shifts to the alleged contemner to produce evidence suggesting the violation was not willful. Id. However, the person alleging contempt retains the burden of proof to establish willfulness beyond a reasonable doubt because of the quasi-criminal nature of the proceeding. Ervin v. Iowa Dist. Ct.,

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Bluebook (online)
735 N.W.2d 621, 2007 Iowa Sup. LEXIS 89, 2007 WL 2068642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ary-v-iowa-district-court-for-benton-county-iowa-2007.