In Re the Marriage of Rietz

585 N.W.2d 226, 1998 Iowa Sup. LEXIS 228, 1998 WL 733700
CourtSupreme Court of Iowa
DecidedOctober 21, 1998
Docket96-1189
StatusPublished
Cited by22 cases

This text of 585 N.W.2d 226 (In Re the Marriage of Rietz) 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 Rietz, 585 N.W.2d 226, 1998 Iowa Sup. LEXIS 228, 1998 WL 733700 (iowa 1998).

Opinion

McGIVERIN, Chief Justice.

The question we must answer in this appeal is whether the district court correctly modified a dissolution of marriage decree in reducing the alimony and child support obligations of respondent, John E. Rietz.

We agree with the district court’s action and thus vacate a court of appeals decision to the contrary.

I. Background facts and proceedings.

Barbara L. and John E. Rietz were married May 3, 1974. The marriage was John’s second and Barbara’s first. John had three minor children from his previous marriage.

From their marriage, Barbara and John had five children. At the time of the dissolution decree in 1995, four of the couple’s five children were still minors. The children were ages nineteen, fifteen, fourteen, eleven and nine at the time of the dissolution.

Barbara was the primary caretaker of the couple’s five children and of John’s three children from his previous marriage who came to live with Barbara and John shortly after their marriage.

At the time of the dissolution of marriage decree in 1995, Barbara was forty-eight years old. She was employed part time and full time at various periods during the marriage. Most recently, Barbara was employed as a stockbroker with PaineWebber until 1994, when she was terminated. Barbara *228 was also pursuing a masters degree at a university at the time of the dissolution,-but still has not yet completed her course work.

John was forty-eight years old at the time of the dissolution. He had a high school education, but had never attended college. John was involved in sales at the time of the couple’s marriage. In 1980, John became a stockbroker and continued in that profession until just prior to the dissolution proceedings.

John was financially successful as a stockbroker. From 1989 through 1993, his annual income averaged $200,000. In 1992, John reported a gross income of $537,204.

In September 1993, John was fired by his employer, PaineWebber. John was then hired by Stifel Nicholaus, another investment firm. At the time of hiring, Stifel Nicholaus paid John $100,000, secured by a forgivable note, on the condition he work for them for four years. This amount was to be forgiven at the rate of $25,000 for each year of employment.

John’s employment with Stifel Nicholaus was not successful. The company expected John to bring a large share of his accounts from PaineWebber with him but this did not happen. Stifel Nicholaus eventually asked John to resign in March 1994. John did resign, but not without dispute.

Following an arbitration hearing, John was ordered to pay Stifel Nicholaus $53,000. 1 John did not pay the award and his stockbroker’s license was subsequently suspended and eventually revoked.

The dissolution decree was entered April 11, 1995. The decree noted that neither party was employed at the time of the dissolution. Thus, the court’s findings concerning alimony and child support were based on its view of the parties’ earning capacities and their past actual earnings. The district court set Barbara’s earning capacity at $25,000 to $50,000 per year and John’s earning capacity at $150,000 to $200,000 per year.

The district court noted that John had been involved in a dispute with his former employer which might make it more difficult to work as a stockbroker. The court also stated that because of his work history, John might not be employable with brokerage houses in his community. Additionally, the court commented that John’s lack of income was voluntary at that time and that John was unable to show where he spent marital assets totaling $179,126 since the parties’ separation.

Based on John’s earning potential, John was ordered -to pay Barbara $4000 per month in alimony for twelve years and $4000 per month in child support, $1000 for each of the four minor children.

Thereafter, Barbara filed an application asking that John be held in contempt for failure to make alimony and child support payments. On September 18, 1995, five months after the dissolution decree was entered, the district court ruled that John had failed to comply with the terms of the decree and that his failure was “willful and contemptuous.” The court ordered John to serve thirty days in jail unless he purged himself of contempt by bringing the child support and alimony current. The contempt matter is not before us on this appeal.

On October 2, 1995, John filed an application for modification of the dissolution decree concerning his alimony and child support obligations, asserting that a substantial change in circumstances had occurred, since entry of the dissolution decree, based on a decrease in his income. At the time John filed his application, he was employed as a lease manager at a car dealership with an annual salary between $40,000 and $50,000.

In ruling on the application to modify, the district court on May 23, 1996, found that John’s anticipated income and earning capacity as estimated by the dissolution court had not been met one year after the decree. The modification -court found that John’s present annual gross earning capacity was $55,000 and that after deductions for taxes and health insurance he could anticipate a net monthly income of approximately $3,500. *229 The modification court thus concluded that the dissolution court’s estimate of John’s “anticipated income/earning capacity is no longer a possibility.” The court found that John was unable to find a job with a high income as contemplated by the dissolution court, due to suspension of his broker’s license, and that it was “doubtful that he [would] ever again reach the income level that he attained as a stockbroker.” The modification court therefore reduced John’s alimony payments to $1000 per month, effective June 15,1996, for the next eleven years and his child support payments to $1300 per month, according to child support guidelines, effective February 1,1996.

Barbara appealed. Upon our transfer, the court of appeals concluded that John intentionally reduced his income. The court of appeals therefore set aside the district court’s modification and reinstated the support amounts set forth in the dissolution decree. Thereafter, we granted John’s application for further review.

II. Standard of review.

Our review of a district court’s modification of a dissolution decree is de novo. Iowa R.App. P. 4; In re Marriage of Walters, 575 N.W.2d 739, 740 (Iowa 1998). “Although our review of the trial court’s award is de novo, we accord the trial court considerable latitude in making this determination and will disturb the ruling only when there has been a failure to do equity.” In re Marriage of Spiegel, 553 N.W.2d 309, 319 (Iowa 1996).

III. Should the dissolution decree have been modified?

A. The parties’ contentions.

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

Related

In re the Marriage of Larson
Court of Appeals of Iowa, 2026
In re The Marriage of McCaffry
Court of Appeals of Iowa, 2023
In re the Marriage of Thomas
Court of Appeals of Iowa, 2021
In re the Marriage of Hallberg
Court of Appeals of Iowa, 2020
In re the Marriage of Flemming
Court of Appeals of Iowa, 2019
In re the Marriage of Seay
Court of Appeals of Iowa, 2019
In re the Marriage of Bliek
Court of Appeals of Iowa, 2018
In re the Marriage of Rohde
Court of Appeals of Iowa, 2018
In re the Marriage of Bailey
Court of Appeals of Iowa, 2018
Dwight Lee Moser v. Angela Marie Biehn
918 N.W.2d 503 (Court of Appeals of Iowa, 2018)
In re the Marriage of Lockard
Court of Appeals of Iowa, 2018
In re Marriage of Kragel
Court of Appeals of Iowa, 2018

Cite This Page — Counsel Stack

Bluebook (online)
585 N.W.2d 226, 1998 Iowa Sup. LEXIS 228, 1998 WL 733700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-rietz-iowa-1998.