In Re the Marriage of Staton

511 N.W.2d 418, 1993 Iowa App. LEXIS 154, 1993 WL 562916
CourtCourt of Appeals of Iowa
DecidedNovember 29, 1993
Docket92-351
StatusPublished
Cited by3 cases

This text of 511 N.W.2d 418 (In Re the Marriage of Staton) 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 Staton, 511 N.W.2d 418, 1993 Iowa App. LEXIS 154, 1993 WL 562916 (iowactapp 1993).

Opinions

SCHLEGEL, Judge.

The former wife appeals the district court’s judgment denying her application for modification of the parties’ original dissolution de[419]*419cree, contending: (1) she met her burden of showing a substantial change in circumstances; (2) the income of the former husband’s new spouse should have been considered by the court when determining the former husband’s ability to pay an increase in child support; (3) the former husband’s failure to disclose his financial status rendered impossible the court’s task of determining his financial status with any reliability; (4) she is entitled to the income tax dependency exemptions since she provides over one-half of the minor children’s support; (5) she should have been awarded trial attorney fees; and (6) the district court erred in failing to provide a mechanism for the disclosure of the former husband’s address and telephone number for purposes of proof of payment for medical insurance submission.

Scott and Helen Staton were divorced on June 28, 1985. They have three minor children. Scott currently resides in Texas with his new wife and two children. Helen has not remarried. In the parties’ original dissolution decree entered in 1985, the court awarded Helen sole custody of the parties’ three minor children. Scott was granted reasonable visitation rights, and child support was ordered in the amount of $25 per week per child for a total of $325 per month. Neither party was awarded alimony. The court permitted Scott to claim the children as dependents for tax purposes providing he remained current on his child support payments.

Scott was required to maintain “full hospitalization and major medical coverage” on the minor children, and the responsibility for medical and dental bills not covered by insurance was to be shared equally by the parties. On April 24, 1991, Helen filed the present application for modification of the decree, requesting that Scott’s child support payments be increased due to a'rise in his net monthly income. In addition, Helen requested: (1) an order requiring the increased child support obligation to survive Scott’s death; (2) greater health insurance coverage to be provided by Scott or, alternatively, additional child support sufficient to cover other insurance or a supplement to the existing health insurance; (3) the payment of past unreim-bursed health care costs and a mechanism for payment of future unreimbursed expenses in their entirety; (4) life and disability insurance on Scott to ensure payment of child support; (5) a mandatory income assignment; (6) and attorney’s fees.

According to the financial affidavits on file at the time of the original decree, Scott was earning $1033.20 per month as a private in the United States Army. Included in this income was a payment of $259 per month in housing supplements. Helen was unemployed, lived with her parents, and claimed no income or expenses at that time.

Scott failed to file a financial affidavit prior to trial on the application to modify. According to his pay stubs and Scott’s testimony at trial, however, Scott had been promoted to buck sergeant in the Army. The district court found Scott’s current net monthly income has increased to $1279.51 per month, plus approximately $60 per month in bonus for reenlisting. His current net pay also includes the additional amounts of $376.20 per month in housing supplements and $190.65 per month for food. Helen argues Scott’s net monthly income is greater than the district court determined it to be, claiming Scott earns a net monthly income of $1833.

The district court found Helen’s proposed differential in Scott’s net monthly income to be overstated due to the nature of the $190.65 in food supplement which Scott now receives. In 1985 Scott was not receiving this supplement since he lived on base and did not qualify for the benefit. However, the court concluded that Scott was in effect receiving the same amount of this supplement in 1985 by virtue of receiving his meals on base, whereas now he lives off base and receives the food money supplement in lieu of the meals. The district court also found that Helen had become self-employed in the day care business, earning a net income of at least $962 per month. Helen argues that while her net monthly income has increased since the entry of the original decree, her expenses have likewise increased as a result of the children’s medical expenses and other needs.

[420]*420The court ruled that Helen had failed to show a substantial change in circumstances not contemplated by the trial court at the time of the entry of the original decree. Accordingly, the district court denied Helen’s requests for increased child support, greater health insurance coverage, mandatory income assignment, attorney fees, and payment of past unreimbursed health care costs.

Following the court’s judgment, Helen filed an Iowa Rule of Civil Procedure 179(b) motion. Upon ruling on the motion, the district court entered judgment against Scott for $1390 for past medical bills which Scott acknowledged he owed. The court overruled all other requests in the motion, stating that since Helen had failed to meet her burden she was not entitled to a modification of any of the terms of the original dissolution decree. Helen has appealed. We affirm in part and reverse in part.

Modification of a dissolution decree is only permitted when there has been a material and substantial change in circumstances since the original decree. Meats v. Meats, 213 N.W.2d 511, 514-15 (Iowa 1973). The burden rests on the party seeking modification to establish such a change of circumstances by a preponderance of evidence. Thayet v. Thayer, 286 N.W.2d 222, 223 (Iowa App.1979). “The trial court has reasonable discretion in determining whether modification is warranted and that discretion will not be disturbed on appeal unless there is a failure to do equity.” In re Marriage of Kern, 408 N.W.2d 387, 389 (Iowa App.1987) (citing In te Marriage of Vetternack, 334 N.W.2d 761, 762 (Iowa 1983)). The principles enumerated in Vettemack and applied in Kern are applicable here as well:

A number of principles emerge from our cases: (1) there must be a substantial and material change in the circumstances occurring after the entry of the decree; (2) not every change in circumstances is sufficient; (3) it must appear that continued enforcement of the original decree would, as a result of the changed conditions, result in positive wrong or injustice; (4) the change in circumstances must be permanent or continuous rather than temporary; (5) the change in financial conditions must be substantial; and (6) the change in circumstances must not have been within the contemplation of the trial court when the original decree was entered.

Vettemack, 334 N.W.2d at 762.

Having carefully reviewed the record in light of these guiding principles, as well as the provisions of Iowa Code section 598.21(8) (1989), we hold Helen has demonstrated a substantial change in circumstances since the original decree was entered in 1985. Specifically, we find that Scott’s net monthly income has increased from $1033.20 at the time of the original decree to $1715.71 at the time of the modification hearing.

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Related

In Re the Marriage of Axmear
529 N.W.2d 304 (Court of Appeals of Iowa, 1995)
In Re the Marriage of Staton
511 N.W.2d 418 (Court of Appeals of Iowa, 1993)

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Bluebook (online)
511 N.W.2d 418, 1993 Iowa App. LEXIS 154, 1993 WL 562916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-staton-iowactapp-1993.