In Re the Marriage of Schradle

462 N.W.2d 705, 1990 Iowa App. LEXIS 429, 1990 WL 180257
CourtCourt of Appeals of Iowa
DecidedSeptember 26, 1990
Docket89-1282
StatusPublished
Cited by10 cases

This text of 462 N.W.2d 705 (In Re the Marriage of Schradle) 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 Schradle, 462 N.W.2d 705, 1990 Iowa App. LEXIS 429, 1990 WL 180257 (iowactapp 1990).

Opinions

HAYDEN, Presiding Judge.

The marriage of Marcia and Robert Schradle was dissolved on October 21, 1986, pursuant to a decree based on a stipulation signed by both parties. The stipulation had been drawn up by Marcia’s attorney approximately eighteen months prior to the rendering of the decree. Robert had originally picked up the divorce papers from Marcia, had kept them for a week, and had returned them signed. The stipu[707]*707lation was part of the divorce package. Marcia indicated they would save money by having only one attorney, and Robert was under the impression they were both being represented by the same attorney. A decree of dissolution was obtained and filed on October 21, 1986.

The signed stipulation, as incorporated in the decree, provided that Robert was to pay alimony in the amount of $250 per week. Marcia was awarded the parties’ Oldsmobile and pickup, while Robert was awarded his Peterbilt truck used in his long distance trucking. Marcia was awarded the parties’ home and the three acres of land on which it was situated. The stipulation required Robert to pay for the existing indebtedness on the home. Marcia was also awarded approximately 37 acres of land. Marcia was additionally awarded all the household goods except Robert’s personal property. Robert was to maintain mortgage insurance on the home until the home was paid in full. Robert was to also maintain a $40,000 life insurance policy with Marcia as the beneficiary.

At the time of the present case, both parties were afflicted with some health problems. Robert had developed a hernia, and had to curtail some of his lifting activities. Marcia was discovered to have growths in both of her lungs, and x-rays revealed that one of the growths had changed. Marcia has thus far refused to have exploratory surgery.

For eighteen months prior to the entry of the decree, Robert had paid Marcia $300 per week support, and had made all other payments as contemplated in the stipulation. Subsequent to the decree, Robert was remarried to a woman with two children. Robert additionally purchased a new home in Baxter, Iowa, and purchased some new furniture. Marcia continued to reside in the parties’ former marital home and also helped raise livestock with her father.

In August 1988 Marcia filed an application to show cause based on Robert’s failure to make some of the payments outlined in the decree and stipulation. However, Robert had filed a petition for modification alleging a change in circumstances since the time of the decree. Robert assured the court he would make all such payments pending a combined trial on the issues, and no contempt order was issued.

A combined trial was ultimately held. At trial Robert testified he had to sell the parcel of real estate he was awarded in order to pay taxes. Robert also testified his 1984 Peterbilt truck had a market value of $52,000 but had encumbrances on it of $27,273. Robert testified the truck had over 610,000 miles on it and was in great need of repair. Robert testified, due to conditions in the trucking industry, he is having a difficult time getting more hours. Robert pointed out his operating expenses have greatly increased. Robert contended due to tax law changes, his deductions had been drastically reduced, and he would no longer receive an investment tax credit if he bought a new truck. Robert testified his self-employment tax had greatly increased. Robert also claimed he owed over $9,000 in federal back taxes.

The trial court determined, upon consideration of all the evidence, Robert had failed to show he had suffered a substantial loss of earnings in the trucking industry. The trial court additionally held the fact his truck needed an overhaul was not sufficient grounds to grant a modification. The court found Robert was in arrears on alimony payments in the amount of $2,600. The trial court additionally found Robert owed Marcia $224.48 for premiums she paid on the property insurance policies and $1,067 for life insurance premiums paid. The trial court found Robert in contempt as a result of his failure to make such payments. Robert has appealed.

Robert argues his earning potential has been drastically reduced due to deregulation of the trucking industry and changes in the tax laws concerning business deductions. Robert also argues he should not be held to the terms of the decree since no financial affidavits were ever filed before the decree was entered, and he was never advised of his rights since he was represented by a lawyer who also represented his wife. Robert argues since the decretal court had no knowledge of his financial [708]*708status at the time of the decree, the trial court could not have considered any of the factors to be considered pursuant to Iowa Code § 598.21(2). Robert further alleges his actions in failing to pay were not willful because of his greatly increased expenses.

Our review of this action is de novo. Iowa R.App.P. 4. Although we give weight to the trial court’s findings of facts, we are not bound by them. Iowa R.App.P. 14(f)(1).

We first dismiss as groundless Robert’s contention he was not represented by his own attorney in the initial divorce proceeding. He was a competent adult at the time of the divorce. No showing has been made of fraud, duress, or mistake sufficient to justify setting aside the original decree. See cf., In re Marriage of Johnson, 299 N.W.2d 466, 467-68 (Iowa 1980) (citing Knipfer v. Knipfer, 259 Iowa 347, 355-56, 144 N.W.2d 140, 144-45 (1966)).

Second, the trial court and this court are without authority to modify property distributions of the dissolution decree absent extraordinary exceptions such as fraud, duress, or mistake. Johnson, 299 N.W.2d at 467-68; In re Marriage of Full, 255 N.W.2d 153, 156-58 (Iowa 1977); Knipfer, 259 Iowa at 355-56, 144 N.W.2d at 144-45. The decretal court’s property division can only be challenged on direct appeal. Johnson, 299 N.W.2d at 468. A challenge of a property division in a modification action comes too late. Id.

Third, under existing law, any support payments in arrears are a final judgment and may not be modified retrospectively. In re Marriage of Bonnette, 431 N.W.2d 1, 3-5 (Iowa App.1988) (citing In re Marriage of Harvey, 393 N.W.2d 312, 314 (Iowa 1986)). Thus, any arrearages in support payments owed by Robert are a judgment against him up to the date of the entry of the trial court’s ruling on the modification action. Bonnette, 431 N.W.2d at 4. The decision of this appellate court is also effective as of the date of the trial court’s entry of the modification decree. Id; see also 2 H. Clark, The Law of Domestic Relations In the United States § 17.6 at 274-75 (2d ed. 1987).

With these principles in mind, we turn to the issues presented on appeal.

Robert urges the deregulation of the trucking industry and its consequent adverse consequences constitute a substantial change of circumstances not in the contemplation of the decretal court.

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In Re the Marriage of Schradle
462 N.W.2d 705 (Court of Appeals of Iowa, 1990)

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462 N.W.2d 705, 1990 Iowa App. LEXIS 429, 1990 WL 180257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-schradle-iowactapp-1990.