In Re the Marriage of Tracy Lynn Hoffman and Ernst Franklin Hoffman Upon the Petition of Tracy Lynn Hoffman N/K/A Bain, and Concerning Ernst Franklin Hoffman

891 N.W.2d 849, 2016 WL 7395782
CourtCourt of Appeals of Iowa
DecidedDecember 21, 2016
Docket16-0045
StatusPublished
Cited by37 cases

This text of 891 N.W.2d 849 (In Re the Marriage of Tracy Lynn Hoffman and Ernst Franklin Hoffman Upon the Petition of Tracy Lynn Hoffman N/K/A Bain, and Concerning Ernst Franklin Hoffman) 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 Tracy Lynn Hoffman and Ernst Franklin Hoffman Upon the Petition of Tracy Lynn Hoffman N/K/A Bain, and Concerning Ernst Franklin Hoffman, 891 N.W.2d 849, 2016 WL 7395782 (iowactapp 2016).

Opinion

MCDONALD, Judge.

This appeal arises out of a dissolution-modification proceeding. The matter comes before the court following remand to determine child support. By way of background, Tracy Bain f/k/a Hoffman and Ernst (“Ernie”) Hoffman married in 1996 and divorced in 2006. “Two children were born to the marriage: M.H. in 1999 and Z.H. in 2002. Pursuant to a stipulation regarding custody and care, the parties were awarded joint legal custody of the children with primary care of the children to Tracy.” In re Marriage of Hoffman (Hoffman I), No. 13-1757, 2014 WL 3511893, at *1 (Iowa Ct. App. July 16, 2014). From the time of the divorce until 2012, both Tracy and Ernie resided in close proximity to each other in the Des Moines metropolitan area.

In 2012, Tracy relocated to Albia, approximately seventy miles away. See id. at *1. Ernie subsequently filed a modification action, seeking physical care of M.H. and Z.H. See id. at *1. The district court granted Ernie’s petition for modification. See id. at *2. This court reversed the judgment of the district court and remanded the matter to determine visitation and child support:

With the reversal of the district court decisions concerning custody, Tracy asks that we require Ernie to pay child support consistent with the Child Support Guidelines. See Iowa Code § 598.21B. Prior to the modification, Ernie was paying $2000/month in child support. Tracy argues the guidelines require Ernie to pay support of $2,988.30/month, a 10% variation constituting a substantial change of circumstances under Iowa Code section 598.21C(2)(a) that gives our court the right to modify child support. We remand to the trial court to determine Ernie’s child support obligation under the guidelines commencing the date of the decree from which appeal was taken.
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For the foregoing reasons, we reverse the judgment of the district court and remand this matter for further proceedings not inconsistent with this opinion. We do not retain jurisdiction over this matter. Costs on appeal are taxed equally to the parties.

See id. at *8. On further review, the supreme court affirmed this court and remanded the matter for further proceedings:

Because we conclude Ernie has failed to prove the children’s move to Albia con *851 stitutes a substantial change of circumstances or that his ability to minister to the needs of the children is superior to Tracy’s, we conclude the district court erred in modifying the dissolution decree. Accordingly, we affirm the decision of the court of appeals and reverse the district court’s modification ruling. We remand to the district court for a determination of an appropriate visitation schedule and modification of Ernie’s child support obligation based on the present financial circumstances of the parties and the child support guidelines.

See In re Marriage of Hoffman (Hoffman II), 867 N.W.2d 26, 37 (Iowa 2015).

On remand, the district court determined Ernie should pay child support in the amount of $2921.40 per month. The district court concluded “respondent’s new child support obligation should not be retroactive, there having been no showing that it would be unfair to petitioner or the children for the new child support obligation to be prospective only nor any showing that the parties’ children’s financial needs have not always been provided for.” Tracy timely filed her appeal.

On appeal, Tracy contends the district court erred in failing to make the child support award retroactive. Specifically, she argues the district court acted illegally in failing to follow this court’s remand instruction. She also argues, independent of the first point, it was error to make the child support award prospective only. Our review is de novo. See id. at 32.

We address the first claim of error. “It is a fundamental rule of law that a trial court is required to honor and respect the rulings and mandates by appellate courts in a case.” City of Okoboji v. Iowa Dist. Ct., 744 N.W.2d 327, 331 (Iowa 2008). There can be only a single mandate with respect to a particular issue. Thus, when the supreme court takes further review of an opinion of this court, the judgment and mandate of this court has no force or effect with respect to the issue or issues addressed by the supreme court. See id. (“On remand, the jurisdiction of the case is returned to the district court for the purpose of doing the act authorized or directed by the appellate court in its opinion and nothing else. If the district court proceeds contrary to the mandate, its decision is viewed as null and void.” (citation omitted)); Anderson v. State, 692 N.W.2d 360, 363 (Iowa 2005) (“On further review, we can review any or all of the issues raised on appeal or limit our review to just those issues brought to our attention by the application for further review.”); see also Duncan v. Michigan, 300 Mich.App. 176, 832 N.W.2d 761, 768 (2013) (“Where a case is taken on appeal to a higher appellate court, the law of the ease announced in the higher appellate court supersedes that set forth in the intermediate appellate court. However, rulings of the intermediate appellate court remain the law of the case insofar as they are not affected by the opinion of the higher court reviewing the lower court’s determination.” (internal marks omitted)); Bramlett v. Phillips, 359 S.W.3d 304, 310-11 (Tex.App.2012) (explaining the intermediate appellate court’s opinion and judgment remain in force and effect on those issues unaddressed by the supreme court).

In this case, both this court and the supreme court addressed child support. This court determined the child support obligation should commence on “the date of the decree from which appeal was taken.” Hoffman I, 2014 WL 3511893, at *8. In other words, the child support should be retroactive based on the parties’ financial circumstances at the time of trial. The supreme court directed the support obligation be “based on the present financial circumstances of the parties and the child *852 support guidelines.” Hoffman II, 867 N.W.2d at 37. The supreme court’s mandate regarding child support is controlling. The clear import of the supreme court’s mandate was to determine a new child support obligation based on the parties’ financial circumstances at the time of the remand hearing and to commence the new child support obligation at that time. See In re Marriage of Davis, 608 N.W.2d 766

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Bluebook (online)
891 N.W.2d 849, 2016 WL 7395782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-tracy-lynn-hoffman-and-ernst-franklin-hoffman-upon-iowactapp-2016.