In Re the Marriage of Hoak

364 N.W.2d 185, 1985 Iowa Sup. LEXIS 988
CourtSupreme Court of Iowa
DecidedMarch 20, 1985
Docket83-1413
StatusPublished
Cited by40 cases

This text of 364 N.W.2d 185 (In Re the Marriage of Hoak) 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 Hoak, 364 N.W.2d 185, 1985 Iowa Sup. LEXIS 988 (iowa 1985).

Opinion

SCHULTZ, Justice.

This appeal involves the economic terms of a marriage dissolution. An unusual issue evolves from the trial court’s order that subjected the children’s assets, accumulated from gifts under the Uniform Gifts to Minors Act, Iowa Code chapter 565A, to use for their support in lieu of parental support. The balance of issues concern the valuation of the parties’ property, a proper distribution of the property, and the payment of appraisal and attorney fees. We review de novo.

James McClain Hoak, Jr. and Willa Gray Hoak were married on December 30, 1967. James was a junior in law school at Stanford University. His parents paid his tuition and part of the living expenses of the couple. Willa was employed as a teacher. The parties moved to Arlington, Virginia, following James’ graduation from law school. Willa taught school, and James worked for the Federal Communications Commission for one year. When they returned to their hometown, Des Moines, James joined a Des Moines law firm for one year, and Willa became a full-time homemaker. The couple have two children, a daughter born in 1972 and a son born in 1974. Throughout the course of their marriage, the Hoaks received supplemental gifts from both sets of parents which were used to boost their standard of living.

In 1971 James became one of the founders of Heritage Communications, Inc., (Heritage). He has continuously served Heritage as president and as a member of the board of directors. The parties’ major asset is stock in Heritage which has increased through purchases, gifts, stock splits and exercise of stock options. When James organized Heritage, he invested $125,000, which he had borrowed personally, without his wife’s signature, but with his father’s guarantee. The parties and the paternal grandparents have also purchased Heritage stock for the Hoak children, naming Willa custodian. At the time of the dissolution, James held 176,431 shares of stock in his own name. Willa held 19,305 shares, and the children held 31,532 shares. The children also hold 2312 shares of Heritage Series B convertible preferred stock. On the day of the trial, Heritage common stock traded at 127s on the New York Stock Exchange.

When the Hoaks returned to Des Moines in 1970, they moved into Willa’s parents’ home. Her parents gave them the home and its contents, a gift worth approximately $20,000. This home was sold in 1974 for $55,000 which was used to purchase the family home at the time of the dissolution. This home was substantially improved and had a stipulated value of $280,000, subject to a mortgage in the amount of $37,567. Willa’s parents also had given the parties and their two children a summer home in Idaho with the understanding that the parents retained the right to use the property in the summer. Willa’s mother survives her husband and still uses the property. The trial court found the summer home to have a value of $250,000.

At the time of the marriage James had assets in excess of $60,000 due to gifts from his parents. Willa had a life insurance policy in the amount of $2,000 which was paid in full. James’ salary at thé FCC of approximately $18,000 regressed when he accepted a position in the law firm and regressed further when he became president of Heritage. His 1971 salary at Heritage was $12,000. It increased at a slow, steady pace until the salary and bonus in *188 1979 was $65,333 and in 1980 $62,395. The next three years he earned $129,829, $169,-538, and $175,000. In addition, he receives approximately $9000 a year in director’s fees from a bank and an insurance company and a small amount of investment income.

On January 10, 1983, James filed a petition seeking a dissolution of the marriage. The parties have not disputed the finding that there had been a breakdown of the marriage relationship, nor is there a dispute concerning custody of the children. The parties agreed to joint custody of the children. Willa assumed their physical care subject to visitation with James from Thursday evening until Sunday evening and at other designated times.

I. Child support As shown by her proposed findings of fact, Willa urged that James pay child support in the amount of $1250 per month per child until each child attains the age of 18 years and has graduated from high school, or marries, or is otherwise considered emancipated. She proposed the court terminate the support at age 18 because the property held in the children’s names could be used for their support beyond age 18. She further contended that James should maintain the current health insurance policy and obtain dental insurance and the cost of any major medical expense should be equally shared by both parents. She suggested that the payments be increased or decreased according to changes in the National Consumer Price Index.

James, on the other hand, presented evidence through an expert witness that the sale of the children’s preferred Heritage stock when converted to cash, after the payment of taxes, would produce nearly $363,000; the income after reinvestment would be over $36,000 per year. The trial court adopted James’ contention that the assets be placed in trust for the support and maintenance of the minor children and ordered no parental support, except that James must keep and maintain all existing policies of dental and health insurance covering the minor children. The children were not represented at trial by either a lawyer or a guardian ad litem. On appeal Willa challenges this order, maintaining the trial court should have provided that James pay monthly child support rather than establishing a trust for the children’s support from assets owned by the children.

Willa first urges that the court did not have jurisdiction over the assets of the parties’ minor children. James asserts it is axiomatic that a court of general jurisdiction may assume jurisdiction over the assets of minor children when it is in their best interests and may provide for the maintenance of the children out of their property and its income, citing 22 Am. Jur.2d Infants §§ 22, 27 (1969), and Rabuse v. Rabuse, 304 Minn. 460, 231 N.W.2d 493 (1975).

We hold that the trial court in a dissolution proceeding may assume jurisdiction over the assets held by a custodian pursuant to the Uniform Gifts to Minors Act, chapter 565A, to protect the children’s interest. Rabuse, 304 Minn. at 462-64, 231 N.W.2d at 494-95. This is not unlike the protective power exercised over parents and children to assure that a child receives proper care and treatment. See In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981). Iowa Code section 598.2 provides the district court with jurisdiction over the subject matter of a dissolution action, which includes: (1) the award of custody, Iowa Code section 598.41; (2) the responsibility for child support, Iowa Code section 598.21(4); and (3) provision for the appointment of counsel to represent the interest of the child, Iowa Code section 598.12. Inherent in this statutory scheme is the jurisdiction and authority of the court to protect the children’s financial interests.

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Bluebook (online)
364 N.W.2d 185, 1985 Iowa Sup. LEXIS 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-hoak-iowa-1985.