In Re the Marriage of Farr

542 N.W.2d 828, 1996 Iowa Sup. LEXIS 18, 1996 WL 19390
CourtSupreme Court of Iowa
DecidedJanuary 17, 1996
Docket93-1530
StatusPublished
Cited by5 cases

This text of 542 N.W.2d 828 (In Re the Marriage of Farr) 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 Farr, 542 N.W.2d 828, 1996 Iowa Sup. LEXIS 18, 1996 WL 19390 (iowa 1996).

Opinion

MeGIVERIN, Chief Justice.

The present ease involves an application by petitioner Ramona Farr to reinstate the judgment against respondent Ronald Farr of a 1985 dissolution of marriage decree that provided Ramona with a property settlement and permanent alimony. The district court granted her application, but the court of appeals reversed. We agree with the district court and, thus, vacate the court of appeals decision.

I. Background facts and proceedings. Ronald and Ramona Farr were married in 1957. The couple had children and both parties worked regularly outside the home. In June 1984, after twenty-eight years of marriage, Ramona filed a petition for dissolution of marriage. After Ronald failed to appear in response to Ramona’s petition, the court entered a decree dissolving the marriage in January 1985.

In the decree, the court ordered Ronald to pay Ramona a $13,000 property settlement as her one-half interest in the equity of their homestead property and $880 in spousal support (alimony) for five years and then $800 per month thereafter. The property settlement, which gave Ramona a judgment lien to secure it, was due either five years from the date of the decree or on the date Ramona relinquished possession of the homestead, whichever came sooner. Ramona was awarded possession of the parties’ homestead for five years and Ronald was awarded title to the property. There was no provision in the decree for termination of alimony.

Thereafter, the parties have had an on again — off again relationship.

In the spring following the dissolution, the parties continued to see each other socially and discussed purchasing real estate in which they would live together. In July 1985, the parties refinanced their previous homestead at 406 South 8th street in LeClaire and Ramona received a check for $10,941.41 representing her equity in the jointly-held property.

Shortly after the refinancing, however, Ramona deposited the $10,941.41 check and other monies totaling $12,441 in a joint cheeking account that she continued to maintain with Ronald. Soon thereafter, Ronald used $10,-100 of the money in the joint checking account to purchase a house in his name alone on South Cody road in LeClaire.

*830 After Ronald purchased the house on South Cody, Ramona moved in with him. About one year later, Ramona moved out of Ronald’s house and into rental property in Davenport when she discovered Ronald had been spending the weekends living with another woman.

Around February 1987, the parties reconciled again, and Ramona moved back in with Ronald at his house on South Cody. Ronald gave Ramona a ring that both parties regarded as an engagement ring. Ramona testified Ronald asked her to remarry him and that was the reason she wore the ring. Although Ronald disputed Ramona’s contentions that the parties discussed engagement, he told Ramona that he felt her filing of the petition for dissolution was a dishonest act and she would have to “erase” the dissolution decree before he would remarry her.

The parties lived together in Ronald’s house on South Cody until Ramona moved out for the last time in June 1988. She has not lived in the same house as Ronald since that time.

Between February 1985 and May 1988, Ronald faithfully made the court-ordered alimony payments to Ramona. In July 1988, one month after she moved out of Ronald’s house for the last time, Ramona typed and filed the following notarized statement with the clerk of district court:

This is to certify that I, Ramona Farr, have received payments due me, cash settlement of $13,000 and $200 plus $880.00 per month to the above date and hereby waive any future payment due me from Ronald B. Farr.
/s/Ramona Farr
Ramona L. Farr

Ramona contends she filed this statement with the clerk of court upon Ronald’s request. Apparently, Ronald was in the process of securing financing to buy out the private contract on his home located on South Cody road, and he did not want the dissolution decree judgments to show up as liens against his presently owned property.

After Ramona filed the release and satisfaction with the clerk of court, Ronald and Ramona again began seeing each other socially. Ronald ceased making formal alimony payments as ordered by their 1985 dissolution decree, but provided Ramona with money at her request.

In fall 1989, Ramona again parted company with Ronald when she learned he was again seeing another woman. After learning of the other woman, Ramona returned to Ronald the ring that he had given her. The parties reconciled again in January 1990 and remained together, although living apart, through 1991. Ramona did not, however, wear the engagement ring again, and Ronald did not want to discuss the possibility of reconciliation or cohabitation.

In September 1990, after returning the engagement ring to Ronald, Ramona filed an application with the district court to reinstate the property and alimony provisions of the parties’ 1985 dissolution decree and requested that the court find Ronald in contempt for not meeting his obligations. Ramona ultimately dismissed the proceedings against Ronald.

In May 1992, Ramona signed a second satisfaction of judgment at Ronald’s request, to remove any remaining property settlement and possible alimony liens, in order for him to be able to sell his house located on South Cody road. Ramona had the second satisfaction notarized and filed with the clerk of district court in July 1992, as she did back in July 1988 with the first satisfaction.

At the time Ramona filed the July 1992 satisfaction, the parties were communicating on friendly terms. The parties continued to see each other off and on until late 1992. In December 1992, Ramona discovered Ronald was living with another woman and refused to see him again after that date.

From June 1988 through February 1993, Ramona received nearly $14,416 in various forms of compensation from Ronald. 1 None *831 of these monies were paid to the clerk of court, see Iowa Code § 598.22, and were never reported as alimony for tax purposes by either party. Ramona considered the money she received from Ronald during the five year period to be a gift. The district court found Ramona was not harmed by this method of financial assistance and, in fact, received the money she needed from Ronald and had ATM access to his bank accounts.

In March 1998, Ramona filed the present application with the district court to reinstate the cash property settlement and alimony provisions of the 1985 dissolution decree that she previously stated were satisfied in July 1988 and July 1992. She contended Ronald wrongfully induced her by misrepresentation to type and file the satisfactions and releases in order for him to qualify for a loan to purchase a new house. She denied ever receiving the court-ordered $13,000 property settlement or all alimony due under the decree.

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542 N.W.2d 828, 1996 Iowa Sup. LEXIS 18, 1996 WL 19390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-farr-iowa-1996.