In Re the Marriage of Van Ryswyk

492 N.W.2d 728, 1992 Iowa App. LEXIS 273, 1992 WL 358268
CourtCourt of Appeals of Iowa
DecidedSeptember 29, 1992
Docket91-1262
StatusPublished
Cited by5 cases

This text of 492 N.W.2d 728 (In Re the Marriage of Van Ryswyk) 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 Van Ryswyk, 492 N.W.2d 728, 1992 Iowa App. LEXIS 273, 1992 WL 358268 (iowactapp 1992).

Opinions

HABHAB, Judge.

FACTS

Wilbur and Dixie Van Ryswyk were married on September 9, 1972. Three children were born to the parties during the marriage: Scott, born February 26, 1973; Sidney, born January 16, 1976; and Shawn, born August 30, 1979. Scótt has reached the age of majority.

At the time of trial, Wilbur and Dixie were both forty years old. Both have high school educations. Wilbur also took a tractor repair course after high school. Dixie is in good health. Wilbur suffers from diabetes and hypertension for which he takes daily medication.

Since 1974, Wilbur has been employed by Vermeers Manufacturing. He is a territorial sales manager. He is guaranteed a draw of $22,000 a year and is paid 3.5 percent commission on the machinery he sells. The commission commences only after the $22,000 has been earned in commissions. Wilbur’s income was approximately $164,000 in 1989, and he earned just under $150,000 in 1990. Wilbur’s position requires him to travel extensively and work long hours.

During the marriage, Dixie only worked outside of the home for short periods of time. She cared for the home and was the primary caretaker of the children. At the [730]*730time of trial, Dixie was working as a receptionist, three days a week, at Red Rock Rubber for $5.50 per hour.

Prior to the separation, the parties had approximately $88,000 in a savings account. Wilbur used $55,000 of the savings to buy Dixie a house in New Sharon, Iowa. Wilbur retained the original family home and shop in Taintor, Iowa. The parties agreed the value of Dixie’s house was roughly equivalent to the house retained by Wilbur. The parties used $20,000 of the savings account to purchase a van for Dixie. The balance of the savings account was left to pay monthly bills, such as food, heating, electricity, .and telephone.

Dixie filed a petition for dissolution of marriage on June 6, 1990. On July 16, 1991, the district court entered its dissolution decree.

The district court agreed with Wilbur’s proposed property distribution. As a result, Wilbur received assets valued at approximately $93,458 and Dixie received assets valued at approximately $85,600. In addition, the district court ordered Wilbur to pay Dixie a $10,000 cash settlement to offset his cash and retirement account.

The district court ordered Wilbur to pay $1,500 per month in child support which will continue as long as the criteria of Iowa Code section 598.1(2) exist. It ordered Wilbur to pay Dixie $500 per month in alimony. Alimony will increase to $750 when child support is payable for only one child and to $1,000 when child support is no longer payable. The court determined the alimony would cease if Dixie remarries or cohabits with someone.. It concluded each party should pay his or her own attorney fees because the assets were divided equally and there were no liabilities. Wilbur appeals and Dixie cross-appeals. We affirm as modified.

SCOPE OF REVIEW

Our review in cases such as these is de novo. Iowa R.App.P. 4. We give weight to the fact findings of the trial court, especially when considering the credibility of witnesses. Iowa R.App.P. 14(f)(7). We are not bound by these determinations, however. Id. Prior cases have little precedential value, and we must base our decision primarily on the particular circumstances of the parties presently before us. In re Marriage of Weidner, 338 N.W.2d 351, 356 (Iowa 1983).

ANALYSIS

I. Alimony and Property Distribution.

Wilbur argues the $10,000 cash settlement and award of alimony were inequitable. Dixie cross-appeals and argues the property settlement is unfair and the alimony award is inadequate. We disagree with the contentions of both parties except for the slight modification hereafter set forth.

We consider property division and alimony together in evaluating their individual sufficiency. In re Marriage of Dahl, 418 N.W.2d 358, 359 (Iowa App.1987); In re Marriage of Griffin, 356 N.W.2d 606, 608 (Iowa App.1984).

Wilbur received assets valued at approximately $93,458 and Dixie received assets valued at approximately $85,600. To compensate for the discrepancy in assets, the district court ordered Wilbur to pay Dixie a $10,000 cash settlement. We find the value placed on the assets by the trial court to be well within the permissible range of evidence and will not disturb them on appeal. See In re Marriage of Bare, 203 N.W.2d 551, 554 (Iowa 1973); In re Marriage of Griffin, 356 N.W.2d 606, 608 (Iowa App.1984). We find the distribution of property and the cash settlement ordered by the district court to be equitable under the circumstances.

When determining the appropriateness of alimony, the court must consider “(1) the earning capacity of each party, and (2) present standards of living and ability to pay balanced against relative needs of [731]*731the other.” In re Marriage of Estlund, 344 N.W.2d 276, 281 (Iowa App.1983) (citation omitted). Alimony is an allowance to the former spouse in lieu of a legal obligation to support that person. See In re Marriage of Hitchcock, 309 N.W.2d 432, 437 (Iowa 1981).

The district court ordered Wilbur to pay Dixie $500 per month in alimony in addition to $1,500 per month in child support. However, it stated that when child support is payable for only one child, alimony will increase to $750 per month, and when no child support is payable, alimony will increase to $1,000 per month. We find the district court’s award of alimony to be equitable under the circumstances.

After considering the district court’s distribution of property and award of alimony, we find they are sufficient and equitable under the circumstances. However, we modify the award of alimony in one respect. The trial court determined that alimony would cease if Dixie remarries or cohabits with someone. We modify this provision by adding to it that alimony will also cease upon the death of either party. Except as we have modified under this heading, we affirm the trial court.

II. Child Support.

Dixie argues the child support award is inadequate. Wilbur argues the award of continuing child support pursuant to Iowa Code section 598.1(2) is premature and unrelated to the potential educational needs of the children.

It is well established that parents have a legal obligation to support their children. In re Marriage of Fleener, 247 N.W.2d 219, 221 (Iowa 1976). The obligation to support should be apportioned according to the ability of each parent to contribute. In re Marriage of Bornstein, 359 N.W.2d 500, 504 (Iowa App.1984).

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