In Re the Marriage of Campbell

451 N.W.2d 192, 1989 Iowa App. LEXIS 345, 1989 WL 165601
CourtCourt of Appeals of Iowa
DecidedNovember 27, 1989
Docket88-1350
StatusPublished
Cited by7 cases

This text of 451 N.W.2d 192 (In Re the Marriage of Campbell) 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 the Marriage of Campbell, 451 N.W.2d 192, 1989 Iowa App. LEXIS 345, 1989 WL 165601 (iowactapp 1989).

Opinion

DONIELSON, Presiding Judge.

The parties, Susan and Thomas Campbell, were married on June 10, 1986. It was the second marriage for each. They have one child, a daughter born on January 1, 1987. The dissolution decree placed the child in joint legal custody and in Susan’s physical care; these custody provisions are not challenged in this appeal.

The parties separated in March 1988. On April 12, 1988, the trial court awarded Sue temporary child support and attorney fees. At that time, the trial court reserved jurisdiction on the issue of temporary alimony. Following a second hearing, the court entered an order for temporary spousal support on May 13, 1988.

Thomas, 36 years old at trial time, is an insurance salesman and is district manager for an insurance company. His gross income is $116,000 per year; his net disposable income after taxes is in the range of $55,000 to $60,000 per year. Susan is an elementary school teacher with a gross income of $33,000 per year.

The dissolution decree directed Thomas to pay Susan child support of $1200 per month. The decree awarded Thomas the parties’ house, which he had owned before the marriage. The court found the increase in the home equity during the brief marriage had been $5552.48, and the court awarded Susan half this amount or $2776.24. The court also awarded Susan the additional sum of $3353.11, computed to be half of the gain on certain joint *194 investments bought and sold during the marriage. Except for these two provisions, the court basically awarded each party the assets he or she had brought into the brief marriage. The decree also directed Thomas to contribute $2500 toward Susan’s attorney’s fees.

Thomas has appealed from the dissolution decree, and Susan has cross-appealed. Thomas contends the child support award is excessive. He also challenges the awards to Susan of permanent attorney’s fees, temporary attorney’s fees, and temporary spousal support. In addition, he challenges those parts of the division of property allowing Susan to share in the increase in home equity and in the gain on certain investments.

In her cross-appeal, Susan contends she should have been awarded more property, including possession of the family home. She also requests attorney’s fees and costs on appeal. In addition, she argues Thomas cannot now challenge the awards of temporary spousal support and temporary attorney’s fees, because he did not file a timely notice of appeal from these temporary orders.

I. Child Support. Thomas contends the trial court erred in ordering him to pay $1,200 a month in child support. Our scope of review in equitable proceedings is de novo. Iowa R.App. P. 4. It is well established parents have a legal obligation to support their children. In re Marriage of Fleener, 247 N.W.2d 219, 221 (Iowa 1976). The obligation to support should be apportioned according to the ability of each parent to contribute. In re Marriage of Bornstein, 359 N.W.2d 500, 504 (Iowa App.1984). The factors to consider are: the financial resources of the child; the financial resources of both parents; the standard of living the child would have enjoyed had there not been a dissolution; the cost of day care; the physical and emotional health needs of the child; and the child’s educational needs. Iowa Code § 598.21(4).

Much of Thomas’s argument is improperly focused on the circumstances and nature of his brief marriage to Sue. Thomas contends the expenses which will be incurred for raising his daughter “will be the same as for any child in the Sioux City area,” and child support in the amount of $400 per month would be appropriate and would provide “nicely” for his daughter. Thomas also argues it is inconceivable his infant child could have become accustomed to the higher standard of living he was able to provide during the marriage.

The appropriate factors to be considered when determining child support are set forth in section 598.21(4). We do not look to any “local average” of child-rearing expenses to determine what level of child support is appropriate. We look to the needs of a child and the financial resources of both parents. Iowa Code § 598.21(4)(b), (f). Contrary' to Thomas’s assertion, we look to the standard of living a child would have enjoyed had there not been a dissolution, Iowa Code § 598.21(4)(c), not whether the child was accustomed to a higher standard of living.

The record in this case reveals each party receives a sufficient level of income to enable both to contribute significantly to their daughter’s support. In light of Sue’s ability to provide for her daughter, we find the child support award of $1,200 per month was excessive and is inequitable in this case. However, Thomas’s suggestion that support be set at $400 per month is also inequitable and would deny his daughter many of the privileges and advantages she would have had but for the dissolution. Upon our review of this matter, we find a child support award of $750 per month is equitable and is warranted in this case. 1

Susan contends the child support provisions of the decree should be changed in three ways: 1) the decree should provide *195 for annual increases in child support; 2) Thomas should pay all medical and dental expenses not covered by insurance; and 3) Thomas should be required to name Susan as sole beneficiary (to act as trustee for their daughter) on his life insurance policies. The circumstances in this case do not warrant any of these changes. The financial status of each party and the support provisions of the decree make automatic increases unnecessary. Thomas is already required to provide insurance for his daughter; uninsured expenses are to be paid by Susan. This is a factor which is considered when a child support allocation is made. Finally, Thomas has agreed to maintain life insurance for the benefit of his daughter; it is not necessary to require Susan to be designated as a beneficiary/trustee.

II. Temporary Attorney Fees and Alimony. Thomas contends the trial court erred in awarding temporary attorney fees and spousal support to Susan. The orders allowing these awards were entered on April 12, 1988, and May 13, 1988, respectively. Thomas filed no notice of appeal until September 13, 1988.

Temporary orders entered pursuant to section 598.il are “final judgments” and are appealable as a matter of right. In re Marriage of Winegard, 257 N.W.2d 609, 614 (Iowa 1977). The failure to take a timely appeal from temporary orders results in a waiver of the right to review. In re Marriage of Prybil, 230 N.W.2d 487, 488 (Iowa 1975).

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Bluebook (online)
451 N.W.2d 192, 1989 Iowa App. LEXIS 345, 1989 WL 165601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-campbell-iowactapp-1989.