In Re the Marriage of Von Glan

525 N.W.2d 427, 1994 Iowa App. LEXIS 124, 1994 WL 708976
CourtCourt of Appeals of Iowa
DecidedOctober 25, 1994
Docket93-384
StatusPublished
Cited by10 cases

This text of 525 N.W.2d 427 (In Re the Marriage of Von Glan) 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 Von Glan, 525 N.W.2d 427, 1994 Iowa App. LEXIS 124, 1994 WL 708976 (iowactapp 1994).

Opinions

HABHAB, Judge.

Kendall and Karen Von Gian were married in 1974 and divorced in 1990. Under the terms of the dissolution decree, the parties were awarded joint legal custody of their three children, with Karen having primary physical care.

Karen obtained a college degree during the marriage and subsequently became employed by the Iowa Department of Human Services as a social worker. Kendall finished his college degree during the marriage and obtained a master’s degree in animal nutrition. He is employed by a family farm corporation. Kendall, his two brothers, and a sister-in-law are stockholders in the corpora[429]*429tion. Kendall owns thirty-nine percent of the stock.

The district court did not award any spousal support in the dissolution decree. The court determined the parties had net marital assets worth $803,170. This was based on a valuation of $288,250 for Kendall’s share of the family farm corporation. The court awarded Kendall most of the parties’ assets and ordered him to pay Karen $139,785 as a property settlement. This amount was payable in installments, $39,785 was due in 1990 and $10,000 was due in each of the next ten years.

Kendall filed an appeal and Karen filed a cross-appeal. Kendall claimed the property distribution provision of the dissolution decree was unduly burdensome to him. He told Karen he planned to file for bankruptcy. Karen became concerned because her property settlement could be discharged in bankruptcy. In her cross-appeal Karen sought to be awarded alimony because an alimony obligation is not dischargeable in bankruptcy.

While the appeals were pending, the parties entered into a settlement stipulation. The supreme court remanded the ease to the district court for consideration of the stipulation. On October 26, 1990, the district court entered an order approving the parties’ stipulation and incorporated it into a supplemental decree. The supplemental decree eliminated the provision that neither party was awarded alimony and added in its place an alimony provision requiring an annual payment of $6000 per year for ten years which would terminate upon Karen’s death.

Petitioner should pay Respondent alimony (deductible by Petitioner, includable in gross income of Respondent and non-dis-chargeable in bankruptcy) in the amount of $6,000 per year, payable annually without interest, beginning October 15, 1991, for a period of ten years, which payments shall terminate upon the death of Respondent.

The supplemental decree also eliminated the provision that each party would be responsible for his or her own attorney fees and provided instead that Kendall would pay $11,000 towards Karen’s attorney fees. Additionally, the supplemental decree eliminated the property distribution provision and inserted:

To represent the Respondent’s distributive interest in the marital properties the Petitioner is directed to pay the Respondent within 10 days hereof the sum of $20,-000.00.

After the district court approved their stipulation the parties dismissed their appeals.

Karen married Thomas Anderson on August 14,1992. Kendall refused to pay Karen the $6000 payment due on October 15, 1992. On October 26, 1992, Karen filed an application to compel payment of alimony. She claimed the “alimony” was really a form of property distribution and not dischargeable by remarriage. Kendall filed a counterclaim in which he sought a modification of the decree to terminate his alimony obligation due to Karen’s remarriage.

The district court determined it had no authority to change the $6000 payment which was due on October 15,1992. In considering the future payments, the court determined the supplemental decree had been intended to restructure the property distribution to allow Kendall to deduct the payments for purposes of federal income taxes. The court concluded the payments were a part of the property distribution and were not subject to termination because of Karen’s remarriage. Kendall appealed. We reverse and modify in accordance with this opinion.

Kendall contends the supplemental decree was designed to award Karen alimony. He points out that in her cross-appeal to the original dissolution decree, Karen sought alimony. He states that in the parties’ negotiations, Karen’s ultimate desire was to receive alimony.

The general rule in Iowa is that while the subsequent remarriage of a spouse does not result in automatic termination of an alimony obligation, it shifts the burden to the recipient to show that extraordinary circumstances exist which require the continuation of the alimony payments. In re Marriage of Shima, 360 N.W.2d 827, 828 (Iowa 1985). Kendall claims Karen has failed to show such extraordinary • circumstances and his obligation to pay alimony should be terminated.

[430]*430We must first determine whether the alimony provided for in the supplemental decree means alimony or a cash property settlement. In determining whether the financial provisions of a dissolution decree constitute a property settlement or alimony, the trial court’s employment of the word “alimony” is not conclusive. Knipfer v. Knipfer, 259 Iowa 347, 351, 144 N.W.2d 140, 142 (1966). It is not what the arrangement is called, but what it is that fixes its legal status. Id. The court must take into consideration all the relevant factors, ineluding the provisions of the agreement between the parties, the circumstances under which the agreement was made, the nature and value of the property owned by and to be divided between the parties, the original divorce proceedings, and the terms of the dissolution decree sought to be modified. Id. at 352,144 N.W.2d at 143.

We note at the inception that it is the decree and not the stipulation which creates whatever rights the parties have. Id. at 350, 144 N.W.2d at 142. Although a stipulation and settlement in a dissolution proceeding is a contract between the parties, it becomes final only when accepted and approved by the court. In re Marriage of Lawson, 409 N.W.2d 181, 182 (Iowa 1987) (citing Prochelo v. Prochelo, 346 N.W.2d 527, 529 (Iowa 1984)).

When the stipulation merged into the supplemental decree, it is then to be interpreted and enforced as a final judgment of the court, not as a separate contract between the parties. Prochelo, 346 N.W.2d at 530 (citing Bowman v. Bennett, 250 N.W.2d 47, 50 (Iowa 1977)). Thus, when we interpret the supplemental decree, the determinative factor is the intent of the trial court as gathered from the supplemental decree and other proper evidence. In re Marriage of Knott, 331 N.W.2d 135, 137 (Iowa 1983) (citing Bowman, 250 N.W.2d at 50).

There is an abundance of evidence that Karen specifically sought to be awarded alimony because such payments are not dis-chargeable in bankruptcy. Kendall agreed that the payments should be considered alimony because the payments were then tax deductible. Thus, the parties both received a benefit by creating an alimony award for Karen.

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In Re the Marriage of Von Glan
525 N.W.2d 427 (Court of Appeals of Iowa, 1994)

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525 N.W.2d 427, 1994 Iowa App. LEXIS 124, 1994 WL 708976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-von-glan-iowactapp-1994.