In Re the Marriage of Castle

312 N.W.2d 147, 1981 Iowa App. LEXIS 468
CourtCourt of Appeals of Iowa
DecidedOctober 27, 1981
Docket3-65610
StatusPublished
Cited by123 cases

This text of 312 N.W.2d 147 (In Re the Marriage of Castle) 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 Castle, 312 N.W.2d 147, 1981 Iowa App. LEXIS 468 (iowactapp 1981).

Opinions

DONIELSON, Judge.

The petitioner wife appeals and the respondent husband cross-appeals from the parties’ dissolution decree. Petitioner challenges the economic provisions of the decree and requests attorney’s fees on appeal. The respondent contends the parties’ two children should have been placed in his custody or, in the alternative, in a joint-custody arrangement. Respondent also contends that if child custody to the wife is affirmed, his child support obligation should be reduced. We affirm.

Our review of this equitable proceeding is de novo. Iowa R.App.P. 4. Our responsibility is to review the facts as well as the law and to determine rights anew from the credible evidence on properly presented and preserved issues. In re Marriage of Full, 255 N.W.2d 153, 158 (Iowa 1977). While we give weight to the findings of the trial court, especially where the credibility of witnesses is involved, we are not bound by them. In re Marriage of Novak, 220 N.W.2d 592, 597 (Iowa 1974); Iowa R.App.P. 14(f)(7). As in all cases of this type, precedent is of little value and our decision must ultimately depend on the particular facts of this case. In re Marriage of Kehrli, 241 N.W.2d 923, 296 (Iowa 1976).

I.

The parties were married in 1964 and have two minor children, Jon age 14 and Tammi age 11. Petitioner is now 37 years old and respondent is 40 years old. Both parties have college educations and are employed at jobs that pay well.1

Respondent is presently manager of a family corporation which sells and rents academic caps and gowns. This work requires him to be away from home approximately 65 nights per year. Respondent concedes that because of his absences petitioner had primary responsibility for the children during most of the marriage, however, he claims to have altered his priorities so that he could give the children more of his time and attention if he were awarded custody.

The trial court awarded custody of the two children to petitioner, expressly rejecting respondent’s request for joint custody. The court noted that petitioner was unwilling to agree to joint custody and that the evidence suggested the parties did not trust each other enough or communicate enough to succeed in joint custody. Respondent was ordered to pay child support of $250.00 per month for each child.

The trial court divided the parties’ property as follows. Petitioner was awarded the family residence, valued between $54,-000.00 to $58,000.00, subject to a $4,700.00 mortgage and also subject to petitioner making a $10,000.00 cash payment to respondent. She also received her savings, household goods and an automobile for a total net award of $52,900.00.2 Respondent was awarded all his stock in the family corporation, an automobile, various savings, retirement and insurance accounts, and $10,000.00 cash from petitioner. His total net award, in his estimation, was $88,-757.00.3

The trial court directed each party to pay their own attorney’s fees for the trial, but [149]*149respondent was ordered to pay $750.00 in attorney’s fees which petitioner had previously incurred as well as $1,233.00 in fees for the guardian ad litem and court costs. Petitioner has requested respondent be ordered to contribute $3,000.00. toward her attorney’s fees on appeal.

II.

Petitioner contends that the trial court’s property settlement was not equitable. We disagree, and affirm the trial court.

Our analysis begins with section 598.21, The Code 1981, which codified many aspects of our prior case law. A justified property division is one that is equitable under the circumstances. In re Locke, 246 N.W.2d 246, 251 (Iowa 1976); In re Marriage of Cooper, 225 N.W.2d 915, 919 (Iowa 1975). Although frequently an equal division of assets is made, there is no mechanical rule that dictates this result. In re Marriage of Schissel, 292 N.W.2d 421, 423 (Iowa 1980); In re Marriage of Conley, 284 N.W.2d 220, 223 (Iowa 1979). The factors to be considered in achieving a fair and equitable determination of the property rights of the parties are set forth in Schantz v. Schantz, 163 N.W.2d 398, 405 (Iowa 1968) (modified to exclude fault); In re Marriage of Williams, 199 N.W.2d 339, 345 (Iowa 1972)). When asked to review an individual economic provision of a dissolution decree, we consider all the provisions together as an integrated whole. See In re Marriage of McFarland, 239 N.W.2d 175, 179 (Iowa 1976).

The trial court’s property settlement was consistent with the spirit of section 598.21 and our existing case law. Both parties worked during the marriage and contributed to the accumulated equity in the marital homestead, thus it was equitable to award respondent $10,000.00 in equity. Both are currently employed at good paying jobs. The evidence clearly indicates that respondent’s stock in the family corporation was obtained as a gift from his parents. The family corporation is a primary source of income for respondent. If the trial court had awarded petitioner part of the stock this could reduce respondent’s future income and impair his ability to make his court ordered child support payments. In addition, the trial court’s refusal to award petitioner alimony was justified in light of the earning potential of both parties. We find that the trial court properly evaluated these factors and made an equitable property division.

III.

Respondent cross-appeals, contending that the trial court should have awarded him custody of the parties’ children, or in the alternative, granted the parties joint custody. We affirm the trial court.

Our first and governing consideration in determining custody is the best interests of the child involved. Iowa R.App.P. 14(f)(15). With this in mind, we note further that the status of children should be quickly fixed and, thereafter, little disturbed. In re Marriage of Bowen, 219 N.W.2d 683, 687-88 (Iowa 1974). In deciding the custody issue, we seek neither to punish one parent nor reward the other. In re Marriage of Bare, 203 N.W.2d 551, 554 (Iowa 1973). There is no inference favoring one parent as opposed to the other in deciding which is the more fit custodian except that arising from the particular facts of the case. Bowen, 219 N.W.2d at 688. Factors relevant to the custody determination are listed in In re Marriage of Winter, 223 N.W.2d 165

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re the Marriage of Okland
699 N.W.2d 260 (Supreme Court of Iowa, 2005)
In Re the Marriage of Thielges
623 N.W.2d 232 (Court of Appeals of Iowa, 2000)
In Re Marriage of Liebich
547 N.W.2d 844 (Court of Appeals of Iowa, 1996)
In Re the Marriage of Kunkel
546 N.W.2d 634 (Court of Appeals of Iowa, 1996)
In Re the Marriage of Christensen
543 N.W.2d 915 (Court of Appeals of Iowa, 1995)
In Re the Marriage of Eilers
526 N.W.2d 566 (Court of Appeals of Iowa, 1994)
In Re the Marriage of Miller
524 N.W.2d 442 (Court of Appeals of Iowa, 1994)
In Re the Marriage of Scheppele
524 N.W.2d 678 (Court of Appeals of Iowa, 1994)
In Re the Marriage of Moore
526 N.W.2d 335 (Court of Appeals of Iowa, 1994)
In Re the Marriage of Cooper
524 N.W.2d 204 (Court of Appeals of Iowa, 1994)
In Re the Marriage of Anderson
522 N.W.2d 99 (Court of Appeals of Iowa, 1994)
In Re the Marriage of Wessel
520 N.W.2d 308 (Court of Appeals of Iowa, 1994)
In Re Marriage of Geil
509 N.W.2d 738 (Supreme Court of Iowa, 1993)
In Re the Marriage of Maher
510 N.W.2d 888 (Court of Appeals of Iowa, 1993)
In Re Marriage of Anderson
509 N.W.2d 138 (Court of Appeals of Iowa, 1993)
In Re the Marriage of Hankenson
503 N.W.2d 431 (Court of Appeals of Iowa, 1993)
In Re the Marriage of Manson
503 N.W.2d 427 (Court of Appeals of Iowa, 1993)
In Re Marriage of Benson
495 N.W.2d 777 (Court of Appeals of Iowa, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
312 N.W.2d 147, 1981 Iowa App. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-castle-iowactapp-1981.