IN THE COURT OF APPEALS OF IOWA
No. 21-0714 Filed August 31, 2022
IN RE THE MARRIAGE OF PATSY JO ANN BOHR AND GERALD GENE BOHR
Upon the Petition of PATSY JO ANN BOHR, n/k/a PATSY JO ANN O'HARA, Petitioner-Appellee,
And Concerning GERALD GENE BOHR, Respondent-Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Winneshiek County, Laura Parrish,
Judge.
Gerald Bohr appeals the district court’s order granting an amended
application to certify child support arrearage and unreimbursed medical expenses
owed to Patsy O’Hara. AFFIRMED.
Gerald Bohr, Ossian, self-represented appellant.
Judith M. O'Donohoe of Elwood O'Donohoe Bran & White L.L.P., Charles
City, for appellee.
Considered by Badding, P.J., Chicchelly, J., and Danilson, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206
(2022). 2
DANILSON, Senior Judge.
Gerald Bohr appeals the district court’s order granting an amended
application to certify child support arrearage and unreimbursed medical expenses
owed to Patsy O’Hara. Gerald challenges the district court’s consideration of “his
veterans’ disability benefits as income for purposes of calculating attributable
property, disposable pay, and/or net resources” in order to satisfy his obligations
of “alimony or child support, or for any such past obligation, as against the disability
benefits themselves, or in offset as against any other property or income to which
he is by law entitled.” According to Gerald, the Supremacy Clause of the United
States Constitution and preemptive federal law prevents him from being
dispossessed of “federal disability pay or property in lieu thereof.” Upon our
review, we affirm.
I. Background Facts and Proceedings
Gerald and Patsy married in 1999 and divorced in 2006. Their two children,
born in 2002 and 2004, were placed in Patsy’s physical care. Gerald was ordered
to pay child support and the children’s uncovered medical expenses to Patsy. He
failed to do so.
Gerald is a veteran and has been determined to be 100% disabled as a
result of service-connected injuries. Over the years, Patsy was able to collect
increment amounts of support from Gerald through income withholding during
Gerald’s brief periods of employment. And in 2018, Patsy also obtained an 3
apportionment of $100 per month from Gerald’s disability pension for the children
as his qualified dependents.1
Patsy initiated this proceeding in 2021 by filing an application for the court
to certify child support arrearage and unreimbursed medical expenses. Gerald
resisted the application, arguing “any asset he own[ed], especially his residence,
which he claim[ed] was purchased utilizing his veteran’s disability payment, [was]
exempt from any attachment or lien for child support.” Following a hearing, the
district court found Gerald owed Patsy $68,876.14 in back child support and
$9045.10 in accrued uncovered medical expenses. The court ordered Gerald to
post bond “in the amount of 125% of the outstanding balance owed . . . to ensure
payment.” Gerald appealed.
II. Standard of Review
Because this case is an equitable proceeding, our review is de novo. Iowa
R. App. P. 6.907. We give weight to the district court’s findings of fact, especially
when considering the credibility of the witnesses, but we are not bound by those
findings. Iowa R. App. P. 6.904(3)(g). “Preemption, however, is a question of
federal law,” and “[w]e review the district court’s legal conclusions for correction of
errors at law.” Walnut Creek Townhome Ass’n v. Depositors Ins., 913 N.W.2d 80,
87 (Iowa 2018) (quoting Carroll Airport Comm’n v. Danner, 927 N.W.2d 635, 643
(Iowa 2019)).
1The Board of Veterans’ Appeals of the Department of Veterans’ Affairs found Gerald was “not reasonably discharging his responsibility to support his minor children.” 4
III. Discussion
On appeal, Gerald contends the district court is precluded from allocating
or entering an order against his “veterans’ assets (either as property, income, or
substituting in other assets).” To support his contention, Gerald relies on 38 U.S.C.
§ 5301(a)(1) of the Veteran’s Judicial Review Act. That provision states:
Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen’s indemnity.
38 U.S.C. § 5301(a)(1). According to Gerald, the district court “exceeded its
jurisdictional authority and directly violated supreme and preemptive federal law”2
when it “sequester[ed] and otherwise force[d] a disposition of [his] disability pay
other than that as already directed by the agency with exclusive jurisdiction over
such a determination, i.e., through the existing apportionment decision that has
already been made by the [Veterans Administration].”
As noted, the district court concluded the amount of back child support owed
by Gerald was $68,876.14 as of April 13, 2021, and the amount of uncovered
2 See generally Carroll Airport Comm’n, 927 N.W.2d at 648 (noting the concept of federal preemption is based upon the Supremacy Clause of the United States Constitution, the question of whether a federal statute preempts state common law is one of federal law, and state courts are bound by the decisions of the United States Supreme Court). 5
medical expenses owed by Gerald was $9045.10 as of the same date. The court
also required Gerald to post a security bond to ensure of payment of these
obligations in the amount of $97,401.55 pursuant to Iowa Code section 598.22(6)
(2021) (“Upon entry of an order for support or upon the failure of a person to make
payments pursuant to an order for support, the court may require the person to
provide security, a bond, or other guarantee which the court determines is
satisfactory to secure the payment of the support.”); cf. In re Marriage of Belger,
654 N.W.2d 902, 906 (Iowa 2002) (“Although veterans’ disability benefits, social
security disability or retirement payments, and workers’ compensation benefits are
exempt from federal taxes, they are properly considered as income in determining
. . .
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IN THE COURT OF APPEALS OF IOWA
No. 21-0714 Filed August 31, 2022
IN RE THE MARRIAGE OF PATSY JO ANN BOHR AND GERALD GENE BOHR
Upon the Petition of PATSY JO ANN BOHR, n/k/a PATSY JO ANN O'HARA, Petitioner-Appellee,
And Concerning GERALD GENE BOHR, Respondent-Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Winneshiek County, Laura Parrish,
Judge.
Gerald Bohr appeals the district court’s order granting an amended
application to certify child support arrearage and unreimbursed medical expenses
owed to Patsy O’Hara. AFFIRMED.
Gerald Bohr, Ossian, self-represented appellant.
Judith M. O'Donohoe of Elwood O'Donohoe Bran & White L.L.P., Charles
City, for appellee.
Considered by Badding, P.J., Chicchelly, J., and Danilson, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206
(2022). 2
DANILSON, Senior Judge.
Gerald Bohr appeals the district court’s order granting an amended
application to certify child support arrearage and unreimbursed medical expenses
owed to Patsy O’Hara. Gerald challenges the district court’s consideration of “his
veterans’ disability benefits as income for purposes of calculating attributable
property, disposable pay, and/or net resources” in order to satisfy his obligations
of “alimony or child support, or for any such past obligation, as against the disability
benefits themselves, or in offset as against any other property or income to which
he is by law entitled.” According to Gerald, the Supremacy Clause of the United
States Constitution and preemptive federal law prevents him from being
dispossessed of “federal disability pay or property in lieu thereof.” Upon our
review, we affirm.
I. Background Facts and Proceedings
Gerald and Patsy married in 1999 and divorced in 2006. Their two children,
born in 2002 and 2004, were placed in Patsy’s physical care. Gerald was ordered
to pay child support and the children’s uncovered medical expenses to Patsy. He
failed to do so.
Gerald is a veteran and has been determined to be 100% disabled as a
result of service-connected injuries. Over the years, Patsy was able to collect
increment amounts of support from Gerald through income withholding during
Gerald’s brief periods of employment. And in 2018, Patsy also obtained an 3
apportionment of $100 per month from Gerald’s disability pension for the children
as his qualified dependents.1
Patsy initiated this proceeding in 2021 by filing an application for the court
to certify child support arrearage and unreimbursed medical expenses. Gerald
resisted the application, arguing “any asset he own[ed], especially his residence,
which he claim[ed] was purchased utilizing his veteran’s disability payment, [was]
exempt from any attachment or lien for child support.” Following a hearing, the
district court found Gerald owed Patsy $68,876.14 in back child support and
$9045.10 in accrued uncovered medical expenses. The court ordered Gerald to
post bond “in the amount of 125% of the outstanding balance owed . . . to ensure
payment.” Gerald appealed.
II. Standard of Review
Because this case is an equitable proceeding, our review is de novo. Iowa
R. App. P. 6.907. We give weight to the district court’s findings of fact, especially
when considering the credibility of the witnesses, but we are not bound by those
findings. Iowa R. App. P. 6.904(3)(g). “Preemption, however, is a question of
federal law,” and “[w]e review the district court’s legal conclusions for correction of
errors at law.” Walnut Creek Townhome Ass’n v. Depositors Ins., 913 N.W.2d 80,
87 (Iowa 2018) (quoting Carroll Airport Comm’n v. Danner, 927 N.W.2d 635, 643
(Iowa 2019)).
1The Board of Veterans’ Appeals of the Department of Veterans’ Affairs found Gerald was “not reasonably discharging his responsibility to support his minor children.” 4
III. Discussion
On appeal, Gerald contends the district court is precluded from allocating
or entering an order against his “veterans’ assets (either as property, income, or
substituting in other assets).” To support his contention, Gerald relies on 38 U.S.C.
§ 5301(a)(1) of the Veteran’s Judicial Review Act. That provision states:
Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen’s indemnity.
38 U.S.C. § 5301(a)(1). According to Gerald, the district court “exceeded its
jurisdictional authority and directly violated supreme and preemptive federal law”2
when it “sequester[ed] and otherwise force[d] a disposition of [his] disability pay
other than that as already directed by the agency with exclusive jurisdiction over
such a determination, i.e., through the existing apportionment decision that has
already been made by the [Veterans Administration].”
As noted, the district court concluded the amount of back child support owed
by Gerald was $68,876.14 as of April 13, 2021, and the amount of uncovered
2 See generally Carroll Airport Comm’n, 927 N.W.2d at 648 (noting the concept of federal preemption is based upon the Supremacy Clause of the United States Constitution, the question of whether a federal statute preempts state common law is one of federal law, and state courts are bound by the decisions of the United States Supreme Court). 5
medical expenses owed by Gerald was $9045.10 as of the same date. The court
also required Gerald to post a security bond to ensure of payment of these
obligations in the amount of $97,401.55 pursuant to Iowa Code section 598.22(6)
(2021) (“Upon entry of an order for support or upon the failure of a person to make
payments pursuant to an order for support, the court may require the person to
provide security, a bond, or other guarantee which the court determines is
satisfactory to secure the payment of the support.”); cf. In re Marriage of Belger,
654 N.W.2d 902, 906 (Iowa 2002) (“Although veterans’ disability benefits, social
security disability or retirement payments, and workers’ compensation benefits are
exempt from federal taxes, they are properly considered as income in determining
. . . the amount of child support.” (quoting In re Marriage of Hilmo, 623 N.W.2d 809,
811 (Iowa 2001))).
No aspect of the relief requested, nor the district court’s order, dispossessed
Gerald of any assets, although fixing the amount of the unpaid medical expenses
owed by Gerald would constitute a judgment lien on real estate.3 Further, Gerald
has not identified any sum of Patsy’s claimed unpaid amount that arose after the
final ruling relative to the apportionment. Concerning the back child support, the
district court observed, “Gerald does not dispute this calculation of the amount
owed, other than claiming he cannot be ordered to pay it and claiming contribution
to his children’s expenses over the years.” In regard to the unpaid medical
3 “A judgment for unpaid child support will create a lien.” Countrywide, Inc. v. Ballstaedt, No. 02-0313, 2003 WL 289435, at *2 n.1 (Iowa Ct. App. Feb. 12, 2003); see also Smith v. Brown, 513 N.W.2d 732, 733 (Iowa 1994) (enforcing lien for child support arrearages). 6
expenses, the district court found Patsy’s testimony more credible than Gerald in
determining that her amount was accurate. We agree.
We think Gerald has put the cart before the horse by raising the exempt
status of his property or assets. Patsy has yet to execute upon her judgment lien,
and we have no facts before us that would permit us to decide if any assets
executed upon can be traced to his veteran’s disability payments and retain
exempt status. See Benson v. Richardson, 537 N.W.2d 748, 757 (Iowa 1995); see
also In re McFarland, 481 B.R. 242, 251 (Bankr. S.D. Ga. 2012), aff’d sub nom. In
re McFarland, 790 F.3d 1182 (11th Cir. 2015) (holding “the [d]ebtor has the burden
of proof to trace the specific funds to the exempt sources”). Accordingly, we affirm.
AFFIRMED.