In re Marriage of Nimrick

CourtCourt of Appeals of Iowa
DecidedJuly 2, 2025
Docket24-1227
StatusPublished

This text of In re Marriage of Nimrick (In re Marriage of Nimrick) is published on Counsel Stack Legal Research, covering Court of Appeals 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 Nimrick, (iowactapp 2025).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 24-1227 Filed July 2, 2025

IN RE THE MARRIAGE OF STEPHANIE NIMRICK AND VICTOR NIMRICK

Upon the Petition of STEPHANIE NIMRICK, n/k/a STEPHANIE TROUTWINE, Petitioner-Appellee,

And Concerning VICTOR NIMRICK, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Black Hawk County,

Linda M. Fangman, Judge.

A former spouse appeals from a dissolution decree, challenging various

provisions including a restriction on social-media usage. AFFIRMED AS

MODIFIED AND REMANDED.

Austin J. McMahon of Lange & McMahon, P.L.C., Independence, for

appellant.

Melissa M. Lien of Ament & Lien Law Firm, P.C., Waterloo, for appellee.

Considered by Ahlers, P.J., and Badding and Buller, JJ. 2

BULLER, Judge.

Victor Nimrick appeals from a decree dissolving his marriage to Stephanie

Nimrick n/k/a Stephanie Troutwine. He contests the decree’s protective order

restricting his contact with Stephanie, a social-media restriction, the determination

placing sole legal custody of three minor children with Stephanie, the physical-care

and visitation provisions, the child-support calculation, and the award of attorney

fees and related enforcement mechanism. We modify the decree by narrowing

the scope of the social-media restriction and affirm all other challenged provisions.

I. Background Facts and Proceedings

Stephanie and Victor married in 2011 after dating for two years. They

moved to Iowa in 2020 or 2021 and separated in late 2022 or early 2023. They

share three children: twins born in 2014 and another child born in 2019.

Stephanie petitioned for dissolution in March 2023. Victor evaded and

refused service of the petition, and Stephanie had to resort to service by

publication. The district court entered a default judgment when Victor failed to

appear. Then Victor hired counsel and moved to vacate the default decree about

a month later. In an order setting aside the default, the court found that Victor

knew Stephanie was seeking a divorce, knew a deputy sheriff had attempted to

serve him at his brother’s residence, refused to accept formal service at an

attorney’s office, left Iowa for Illinois, and had not paid any child support while

Stephanie was seeking to commence the dissolution proceedings. The court

found service by publication “was sufficient” but, because the court was focused

on “the best interest of the child,” it chose to “err in an abundance of caution and

set aside the default decree.” The court made an express finding that Victor did 3

not have “clean hands” and “question[ed] whether this motion to set aside the

default decree [was] simply a tool to either harass [Stephanie] or to escape paying

child support.” And the court ordered Victor to pay Stephanie’s attorney fees

incurred while she was trying to serve him through the time of the hearing on

vacating the default.

A temporary-matters order placed physical care with Stephanie, granted

Victor visitation every other weekend and holidays, and granted Stephanie sole

legal custody. The order also required Victor to pay child support, which he

never did.

Both parties alleged at trial that the other perpetrated violence inside the

home. Stephanie detailed multiple instances of domestic violence and sexual

abuse. After a sexual assault, Stephanie sought medical care and reported the

matter to police. But—according to her—Victor left the area, and police were never

able to locate him. Stephanie had also previously obtained a protective order in

Illinois as a consequence of domestic violence. Stephanie described one recent

occasion in which she and Victor were exchanging the children when Victor

grabbed her phone from her hands and threw it “about fifty feet into a field.” And

she described other occasions in which he was “yelling, screaming,” or “jump[ing]”

into her vehicle despite her repeatedly telling him he did not have permission to

do so.

Victor made various allegations against Stephanie and her family members,

none of which the district court appears to have credited. Victor has claimed (on

Facebook and otherwise) that Stephanie was violent with him, which Stephanie

denies. Victor filed papers with both Illinois and Iowa courts claiming Stephanie 4

had abused him: he voluntarily dismissed the Illinois action and failed to attend the

Iowa hearing, resulting again in dismissal. He also once arranged for Stephanie’s

arrest in front of the children on allegations that Stephanie maintains were false.

When it comes to the children, Victor often did not provide adequate care

during his parenting time under the temporary-matters order, and he frequently left

Stephanie in the dark as to the children’s whereabouts and activities. As the district

court found,

[T]here’s often problems during Victor’s visit. Victor does not provide information to Stephanie concerning where the kids are staying, where they’re sleeping, or where they’re spending their weekends. Up until the trial Stephanie did not know an actual address where Victor was living. She did not know where the children were sleeping. The children have come back after visits starving, saying they have not eaten. In fact, Victor himself had told her at the exchange that the children had not eaten. Stephanie testified the children often have hygiene issues when they return, wearing the same clothes they were sent in on Friday, and they do not appear to have been bathed nor brushed their teeth.

Victor also caused problems with transporting and exchanging the children. In

addition to the violence and yelling, Victor’s move to Illinois led to extended travel

for the children, made more difficult by Victor’s lack of cooperation with Stephanie.

For example, Stephanie requested to exchange the children at a police department

halfway between their homes, but Victor frequently text-messaged her different

locations for the exchange at the last minute and would not utilize the police

department as neutral ground or exchange the children on time. On one occasion,

Victor did not return the children per the terms of the temporary-matters order,

which resulted in the children missing school. On another occasion, shortly after

exchanging the children, Victor “veer[ed]” his vehicle toward the car containing 5

Stephanie and the children; the kids “were crying and scared” and “thought [they]

were going to go off the road.”

Before trial, Victor told Stephanie that he didn’t want to work because he

“doesn’t want to get raped in child support.” He was gainfully employed in 2022

(earning approximately $27,000 annually) and 2021 (approximately $25,000).

And, in interrogatories, he swore that he “d[id] not claim to be unable to work due

to a physical injury or disability.” As of trial, Victor claimed to be disabled and

unable to work. And he was receiving $1,216 per month as a social security

benefit. On cross-examination, he agreed that his alleged disability was the same

since approximately 2016 and admitted he could still be working: “I can work, yes,

if I try.” He also admitted to receiving a lump-sum back payment from the

government for more than $16,000 but spent none of it on child support, medical

support for the children, or attorney fees the court ordered him to reimburse

Stephanie following the default judgment.

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