In Re the Marriage of Anliker

694 N.W.2d 535, 2005 Iowa Sup. LEXIS 41, 2005 WL 736152
CourtSupreme Court of Iowa
DecidedApril 1, 2005
Docket03-1371
StatusPublished
Cited by77 cases

This text of 694 N.W.2d 535 (In Re the Marriage of Anliker) 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 the Marriage of Anliker, 694 N.W.2d 535, 2005 Iowa Sup. LEXIS 41, 2005 WL 736152 (iowa 2005).

Opinion

LAVORATO, Chief Justice.

In this dissolution of marriage proceeding, Scott Anliker appealed from the district court’s award of spousal support in the form of traditional alimony to his spouse Donna Anliker and from the court’s division of marital debt. We transferred the case to the court of appeals, which reversed the award of spousal support in the form of traditional alimony and awarded her, in lieu of this form of support, rehabilitative alimony. The court affirmed on the issue of debt division. We granted Donna’s application for further review. We affirm the court of appeals decision on the division of debt issue. However, we vacate its decision on the spousal support issue, concluding the district court correctly ordered spousal support in the form of traditional alimony. Because of the conclusions we reach, we affirm the district court judgment in all respects.

I. Background Facts.

Donna and Scott were married on December 27, 1984. At the time he was twenty-one and she was thirty-three. Donna had three children from a previous marriage, two of whom lived with Donna and Scott and the other child lived with his father.

The parties decided that Donna should stay home and care for the children rather than look for outside employment and incur transportation and child care expenses. Donna, however, did work at a variety of jobs from 1984 through 1996, but never full time.

In 1996 while working at a gas station, Donna fell and injured her left knee. She had multiple surgeries on her knee as a result of the fall, including knee replacement. She has never fully recovered from the injury. Her left leg is crippled and is one inch shorter than her right leg, causing her to hobble as she walks. The difference in leg length affects her hips and back. She anticipates additional surgeries as a result of her injury.

*538 In addition to her knee condition, Donna has other health problems. Her left kidney was removed several years before trial of this matter. Her right kidney functions, but there is a cyst in it. Her thyroid was removed shortly before the parties’ marriage, and she takes Synthroid because of this. She also takes Premarin, a hormone replacement. These prescriptions cost $40 per month. She also takes over-the-counter pain medication.

Although Donna can drive, she sometimes suffers from leg cramps. She can dress and groom herself, although putting on shoes, socks, and bottoms can be challenging so that she sometimes needs help tying her shoes. She has great difficulty standing for two to three hours at a time.

Donna’s earnings from 1972 through 2001 are reflected in a report from the Social Security Administration. During that time span, there were seven years in which she did not earn any income (1973, 1975, 1983, 1997, 1998, 1999, and 2000). She did not work from 1997 through 2000 because of her knee injury. For six of the years she did work (1972, 1974, 1979, 1981, 1982, and 1984), her income was less than $1000. In five of those years (1977, 1978, 1980, 1985, and 1987), her income was between $1000 and $2000. In three of the years she worked (1976, 1986, and 1988), Donna’s income was between $2000 and $4000. She earned between $4000 and $7000 for eight of the years she worked (1989, 1990, 1991, 1992, 1993, 1994, 1995, and 2001). Donna’s highest income was $7823 in 1996.

In 2001 Donna was employed as a seasonal employee at a toy store where she earned $8 per hour. Because she could not lift, she was told she would not be hired back. Over the year and a half preceding trial, Donna was hospitalized overnight two to three times for severe pain.

Donna currently receives $363.50 per month social security disability benefits because of her knee injury, minus $54 per month for medical insurance, leaving her with net social security benefits of $309 per month. If Donna is able to work, she could darn up to $800 per month without jeopardizing her social security benefits.

Donna received a $30,000 settlement from her work-related injury to her knee. After deducting attorney fees, costs, and medical expenses, she netted $14,000, all of which was spent on marital debts.

In the early 1990s, Donna was injured in an automobile accident and received a settlement of between $7000 and $10,000. The parties applied that money toward the purchase of a home. During the pendency of the dissolution action, the parties sold the home and each netted $5635.57 from the sale. Both parties elected to use their share of the proceeds for expenses and debts.

Scott has a high school diploma; Donna earned a GED. At the time of trial, Scott was in good health. Since August of 2000, Scott has worked for Golden Furrow Fertilizer where he earns a gross salary of $1026.04 per week. Scott’s job is secure, and he does not intend to change jobs in the immediate future. Donna’s supplemental medical insurance of $109 per month and life insurance of $14 per month are deducted from Scott’s wages.

II. Proceedings.

On October 10, 2002, Donna filed a petition for dissolution of marriage. The case was tried on April 18, 2003. The district court identified four issues in its ruling following trial: (1) division of contested debts, (2) Donna’s request for spousal support, (3) Donna’s request for attorney fees, and (4) liability for court costs.

*539 The court noted that during the twenty-year marriage the parties accumulated very little property and a lot of debt. The court approved the property division proposed by Scott. Finding that Scott, with the greater earning capacity, is more able to assume a greater portion of the parties’ debts, ordered him to assume payment of $34,356.01 of the parties’ debts and ordered Donna to assume $5633.57. Included in the $34,356.01 is a debt to Scott’s parents in the amount of $11,450.82. The court noted that Scott had not made a payment- on that debt in the past four years and doubted that Scott would be required to repay it.

In addition, the court awarded Donna spousal support in the form of traditional alimony in the amount of $1250 per month payable until Donna attains age sixty-five or either party dies, whichever occurs first. The court ordered Donna to assume payment of her monthly supplemental health insurance payment and her monthly life insurance payment, both of which had been deducted from Scott’s wages.

Finally, the court ordered Scott to pay $1500 toward Donna’s attorney fees and the court costs.

Following a ruling denying Donna’s posttrial motion, Scott appealed. He contended that the district court erroneously considered hearsay evidence, erred in awarding Donna spousal support in the form of traditional alimony, and the debt division was inequitable.

We transferred the case to the court of appeals. The court of appeals concluded it need not decide the hearsay issue because it could conduct its review without relying on the challenged evidence. The court modified the spousal support award by awarding Donna spousal support in the form of rehabilitative alimony in the amount of $1000 per month for thirty-six months. The court affirmed the debt division.

Donna sought further review, which we granted. As the court of appeals did, we consider all three issues raised by Scott’s appeal.

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694 N.W.2d 535, 2005 Iowa Sup. LEXIS 41, 2005 WL 736152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-anliker-iowa-2005.