In Re Marriage of Becker

756 N.W.2d 822, 2008 Iowa Sup. LEXIS 123, 2008 WL 4307969
CourtSupreme Court of Iowa
DecidedSeptember 12, 2008
Docket06-0319
StatusPublished
Cited by84 cases

This text of 756 N.W.2d 822 (In Re Marriage of Becker) 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
In Re Marriage of Becker, 756 N.W.2d 822, 2008 Iowa Sup. LEXIS 123, 2008 WL 4307969 (iowa 2008).

Opinion

WIGGINS, Justice.

Both parties sought further review of the court of appeals decision regarding their dissolution decree. In exercising our discretion on further review, we decide to address only the spousal support issue raised by the wife in her application for further review. Accordingly, in this decision we must determine the adequacy of the spousal support award made by the trial court. Because we disagree with the spousal support award made by the district court, as affirmed by the court of appeals, we vacate in part and affirm in part the decision of the court of appeals, and affirm as modified the judgment of the district court.

I.Prior Proceedings.

The district court dissolved the marriage of Laura and Fred Becker. In its decree, the court awarded joint legal custody of the minor children to Laura and Fred, with Fred having primary physical care of the children. The court awarded Laura reasonable and liberal visitation rights. Laura was required to pay child support. The court valued the assets of the parties, split the assets equally, and awarded each party a little less than 3.2 million dollars in assets. The court ordered Fred to pay Laura spousal support in the sum of $5000 for forty-eight months, with the support terminating if Laura dies or remarries pri- or to the expiration of forty-eight months. The support will also terminate if Fred dies prior to the expiration of forty-eight months. The court also required Fred to pay a portion of Laura’s legal fees.

Both parties appealed. We transferred the appeal to the court of appeals. The court of appeals revalued some of the assets and ordered that each party receive a little more than 3.3 million dollars in assets. The court of appeals affirmed the spousal support award, modified the trial attorney fee award, and awarded Laura $2500 in appellate attorney fees.

Laura filed an application for further review. In her application she alleges the valuation of certain of the parties’ assets was too low, the spousal support award should be increased, and the award of appellate attorney fees was inadequate. Fred also sought further review alleging the valuation of the parties’ assets was too high. We granted both applications for further review.

II. Issue.

In considering an application for further review, “we have the discretion to review any issue raised on appeal regardless of whether such issue is expressly asserted in an application for further review.” In re Marriage of Olson, 705 N.W.2d 312, 315 (Iowa 2005). We also have the discretion not to review any of the issues the parties raised in their applications for further review. In re Marriage of McKenzie, 709 N.W.2d 528, 530-31 (Iowa 2006). In exercising our discretion, we choose only to review the court-ordered spousal support. Accordingly, we affirm the court of appeals decision in all other respects. See id. at 535 (affirming the court of appeals decision on all matters not considered on this court’s further review).

III. Scope of Review.

The standard of review is de novo because this is a dissolution case. Olson, 705 *825 N.W.2d at 313. Although we give weight to the fact findings of the district court, we are not bound by the district court’s findings of fact. Iowa R.App. P. 6.14(6)(gr).

IV. Findings of Fact.

We find the following facts concerning the spousal support issue. Laura and Fred Becker were married on July 9, 1983. The couple was married twenty-two years at the time of their divorce. They had four children. One child was 20 years of age. The other children had not reached their majority at the time the court filed the decree. Two of the children were twins and 17 years of age. The youngest child was 16 years of age.

Fred attended college but did not complete his degree. Fred began working for his father’s limestone .quarry business at a young age and eventually formed a partnership called Becker & Becker Stone Co. with his father in 1976. At that point, he and his father shared a 50/50 interest in the company and in a quarry known as the Maquoketa Quarry or the Baldwin property. Eventually Fred obtained more quarry property. In 1986 Fred purchased his father’s interest in the company and in the quarry. In 1999 Fred reorganized the partnership into a subchapter “S” corporation and renamed the company Becker & Becker Stone Co., Inc. He was, and still is, the sole shareholder of the company. Since reorganizing the business, Fred receives all the corporation’s income, and he reports the corporation’s income on his personal tax returns. At the time of the marriage, Fred’s premarital assets had a value of $30,000. Fred’s primary responsibility during the marriage was to concentrate on making the quarry business a success. Fred’s average after-tax income for the five years preceding the dissolution was in excess of $500,000.

Laura had just completed her junior year of college when she married Fred. She completed her degree in business at Loras College in 1984. She became pregnant shortly after the marriage. She worked part-time outside the home as a bank teller until the doctors put her on medical leave. After the 1 birth of their first child she resumed working outside the home on and off until the birth of the twins. After their fourth child started preschool, she again worked part-time outside the home for a credit union. This job did not last very long. After her stint at the credit union, the only work she did outside the home during the marriage was assisting Fred in the business. Laura’s primary responsibility during the marriage was to care for the household and the couple’s children.

When Fred and Laura separated, Laura began working part-time at a department store earning $8.00 per hour. Laura testified she could not find full-time employment and most jobs she interviewed for offered salaries between $20,000 and $30,000 per year. Laura would like to obtain a job in marketing. In order to obtain an entry-level job in this field she would have to obtain her master’s degree. She believes this will require her to take thirty-six hours of classes if some of her undergraduate courses would transfer.

Y. Applicable Legal Principles.

The payment of alimony is not an absolute right; rather, whether a court awards alimony depends on the particular circumstances of each case. In re Marriage of Fleener, 247 N.W.2d 219, 220 (Iowa 1976); see Iowa Code § 598.21(3) (2005). 1 Our prior cases are of little value in determining the appropriate alimony award, and we must decide each case on *826 its own peculiar circumstances. Fleener, 247 N.W.2d at 220.

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Bluebook (online)
756 N.W.2d 822, 2008 Iowa Sup. LEXIS 123, 2008 WL 4307969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-becker-iowa-2008.