In Re the Marriage of Clark

577 N.W.2d 662, 1998 Iowa App. LEXIS 11, 1998 WL 199788
CourtCourt of Appeals of Iowa
DecidedFebruary 25, 1998
Docket96-2079
StatusPublished
Cited by1 cases

This text of 577 N.W.2d 662 (In Re the Marriage of Clark) 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 Clark, 577 N.W.2d 662, 1998 Iowa App. LEXIS 11, 1998 WL 199788 (iowactapp 1998).

Opinions

SACKETT, Judge.

Appellant Linda Diane Clark appeals challenging the economic provisions of the decree ■dissolving her twenty-eight-year marriage to appellee David William Clark, Jr. We affirm as modified.

David, who was fifty-one at the time of the dissolution hearing, and Linda, who was forty-six, have three adult children. Their oldest child, Crystal, who was twenty-seven at the time of the hearing, was injured as a child and suffers with cerebral palsy. Crystal lives with her mother and qualifies for supplemental security income benefits.

Linda was a telephone operator at the time of the marriage. During the marriage, Linda assumed the majority of the responsibility for the children and home. She worked outside the home at times, but was not employed outside the home at the time of the dissolution. David was the primary wage earner. David currently is employed by the Union Pacific Railroad. He has an annual salary before taxes of about $33,000.

The trial court divided the property so as to allocate approximately $60,000 each to David and Linda. The court ordered David to pay Linda alimony of $350 per month for seventy-two months and to pay $350 per month for Crystal’s support for twelve months.

[664]*664Linda first challenges the property division. Included in the $60,000 in equities awarded to Linda was the personal residence of the parties. The home had no debt and was valued at the time of the dissolution at $25,000. Linda contends this home should have been set aside to her prior to dividing the other property. She purchased the home from her father in 1970 for one dollar. She contends it should have been set aside to her because it is gifted property. The home, held in joint ownership, was given to Linda because she cared for her father during their marriage. Linda took title to the house early in the marriage. The house has been used as the parties’ personal residence and there have been substantial improvements to the home as well as considerable outlays for maintenance. During the period Linda cared for her father, David provided the financial support for the family. Though Linda advances we should not consider improvements made to the house with David’s income, we disagree.

Generally, gifts or inheritances received by a party during the marriage are not subject to a property division unless the failure to do so would be inequitable to the other party. In re Marriage of Muelhaupt, 439 N.W.2d 656, 659 (Iowa 1989); In re Marriage of Oler, 451 N.W.2d 9, 10-11 (Iowa App.1989); Iowa Code § 598.21(2). There are a variety of factors a court must weigh to determine how such property should be treated. Muelhaupt, 439 N.W.2d at 659; In re Marriage of Vrban, 359 N.W.2d 420, 427 (Iowa 1984). The length of the marriage is an important factor in considering when gifted or inherited property should be divided. Muelhaupt, 439 N.W.2d at 659. The ultimate question is whether the property distribution was equitable. The distribution of the property of the parties should be that which is equitable under the circumstances after consideration of the criteria codified in Iowa Code section 598.21(1). In re Marriage of Estlund, 344 N.W.2d 276, 280 (Iowa App.1983). We consider the substantial monies advanced during the marriage for improvements to and maintenance of the home, as well as the fact David supported the family financially during the time Linda cared for her father, in finding the division made by the trial court was equitable. We affirm the trial court’s decision on this issue.

Linda next contends the trial court failed to order sufficient support for Crystal. Crystal was receiving $313 per month in supplemental security income benefits at the time of trial. The amount was reduced to $140 per month during the period Crystal received support from her father. Crystal has held jobs, drives a car, cares for her own personal needs, has a reasonable understanding of current events, and is a registered voter. She lives with Linda. David advocates she should seek an independent living arrangement. There is a sheltered workshop in the area where Crystal could find work. Crystal testified she just does not choose to do so.

Section 598.1(6) (1995) provides that a divorced parent can have a child support obligation for a disabled child beyond his or her eighteenth birthday. See also In re Marriage of Hansen, 514 N.W.2d 109, 111 (Iowa App.1994). Iowa law imposes no comparable support requirement on parents still married to each other who have a disabled adult child.1

Through supplemental security income benefits, the federal government has structured, under 42 U.S.C.A. section 1382(a), a social security program providing benefits to disabled individuals, among others whose income resources are below certain statutory amounts. See Termini v. Califano, 611 F.2d 367, 368 (2nd Cir.1979). The purpose of the program for supplemental security income is to assure a recipient’s income is maintained at a level viewed by Congress as the minimum necessary for the subsistence of that individual. Whaley v. Schweiker, 663 F.2d 871, 873 (9th Cir.1981). The program was directed to relieve state and local welfare burdens. See City of New York v. Heckler, 578 F.Supp. 1109, 1121 (E.D.N.Y.1984), aff'd, 742 F.2d 729 (2nd Cir.1984).

In In re Marriage of Benson, 495 N.W.2d 777 (Iowa App.1992), we addressed the limited issue of whether supplemental security [665]*665income paid for two adopted children should be considered as “net monthly” income of the custodial mother for the purpose of applying the child support guidelines. Id. at 781. We considered it under those facts as public assistance benefits specifically excluded as income under the Supreme Court Child Support Guidelines. Id

We found the issue in Benson distinguishable from the issue of support of a disabled adult child addressed in In re Marriage of Davis, 462 N.W.2d 703 (Iowa App.1990).

Crystal qualifies for a benefit sufficient to maintain her at a subsistence level. The benefit will be reduced if Crystal is receiving support from other sources. See Lapin v. Mathews, 422 F.Supp. 1089, 1091 (D.D.C.1976). To qualify for supplemental security income benefits, an applicant must show her income both earned and unearned falls below statutory máximums. Id. Congress defined unearned income as “support and maintenance furnished in cash or in kind.” Section 1382a includes support payments in the definition of unearned income. See 42 U.S.C.A. § 1382a(a)(2)(E).

In Hansen,

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In Re the Marriage of Clark
577 N.W.2d 662 (Court of Appeals of Iowa, 1998)

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