In Re the Marriage of Vrban

359 N.W.2d 420, 1984 Iowa Sup. LEXIS 1294
CourtSupreme Court of Iowa
DecidedDecember 19, 1984
Docket83-1392
StatusPublished
Cited by236 cases

This text of 359 N.W.2d 420 (In Re the Marriage of Vrban) is published on Counsel Stack Legal Research, covering Supreme Court 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 Vrban, 359 N.W.2d 420, 1984 Iowa Sup. LEXIS 1294 (iowa 1984).

Opinion

WOLLE, Justice.

All too often our overburdened trial courts must face and decide difficult issues of child custody, child support and division of marital property which turn almost entirely on credibility of witnesses. This dissolution action was no exception. The trial court heard controverted testimony from expert witnesses as well as the parties and their two young children before granting the wife custody of the children and deciding several contested economic issues. The *423 court of- appeals modified the decree by granting the husband custody and changing several other provisions in the dissolution decree. On further review we vacate the court of appeals decision, modify the decree only with regard to a loan that must be repaid, and otherwise affirm the trial court’s decree.

Michael and Mary Jo were married on November 7, 1970. Two children were born to them, Derek on August 12, 1971, and Joslyn on October 10, 1974. Michael had a number of jobs during the marriage and at time of trial was employed as a maintenance engineer earning $1,023.00 net per month. Mary Jo worked at home during the early years of the marriage, but at the time of trial she was working at Wenco Glass Company earning $713.00 net per month.

Michael and Mary Jo first experienced serious difficulties in their marriage in 1977, and by December of 1982 the parties agreed to separate, with Michael moving out of the family home. Mary Jo retained physical custody of the children, with Michael given visitation on alternate weekends. Approximately two months after the separation, however, Mary Jo declined to permit visitation on the ground that Michael had been dating another woman. After a hearing on temporary custody and issuance of a court order, Michael again was able to exercise his visitation rights.

The trial court’s decree made permanent this arrangement for Mary Jo to have custody subject to Michael’s visitation rights. The trial court ordered Michael to pay monthly child support of $400 and directed that the parties’ home be treated as marital property and sold, with the proceeds equally divided after payment of debts. The parties were directed to repay $3,000 they had received from Mary Jo’s parents but not about $54,000 they had received from Michael’s parents.

The court of appeals substantially modified the decree, switching custody from Mary Jo to Michael, directing that Mary Jo pay child support in an amount to be determined, and providing for repayment to Michael s parents of $10,000 which the parties had used to purchase the lots and some materials for their home. We granted Mary Jo’s application for further review.

Given this background, and after reviewing all of the evidence pertinent to each issue, we must determine whether the trial court properly gave custody of the children to Mary Jo and equitably decided the disputed economic issues.

No hard and fast rules govern the custody and economic issues in dissolution actions. In Re Marriage of Bowen, 219 N.W.2d 683, 687 (Iowa 1974). Because precedent is of little value on those issues, our decision must ultimately depend on the particular facts relevant to each issue. In Re Marriage of Kehrli, 241 N.W.2d 923, 926 (Iowa 1976).

Our review is de novo because dissolution actions are equitable proceedings, tried in equity. Iowa Code § 598.3 (1983); Iowa R.App.P. 4. Our rule governing review of equity eases provides:

In equity cases, especially when considering the credibility of witnesses, the court gives weight to the fact findings of the trial court, but is not bound by them.

Iowa R.App.P. 14(f)(7). There is good reason for us to pay very close attention to the trial court’s assessment of the credibility of witnesses. A trial court deciding dissolution cases “is greatly helped in making a wise decision about the parties by listening to them and watching them in person.” In Re Marriage of Callahan, 214 N.W.2d 133, 136 (Iowa 1974). In contrast, appellate courts must rely on the printed record in evaluating the evidence. We are denied the impression created by the demeanor of each and every witness as the testimony is presented. See Lehmkuhl v. Lehmkuhl, 259 Iowa 686, 692, 145 N.W.2d 456, 460 (1966).

In this case, the testimony of the witnesses — particularly that of Michael and Mary Jo, their minor children, and the expert witnesses — was irreconcilably in conflict on several key issues. In deciding those issues, particularly the question of *424 child custody, we have relied heavily on the trial court’s findings of fact. Those findings were clearly expressed, supported by substantial evidence, and led to a sound and equitable determination of the sensitive issues of child custody, visitation, and child support.

I. Custody of the Children.

General principles applicable to the custody issue are summarized in In Re Marriage of Bowen, 219 N.W.2d at 687-88 and In Re Marriage of Winter, 223 N.W.2d 165, 166-67 (Iowa 1974). All factors there listed bear on the “first and governing consideration,” the court’s determination of what will be in the long-term best interests of the children. Iowa R.App.P. 14(f)(15).

The trial court sorted out much evidence on this question before deciding that Mary Jo, who like her husband was 32 years of age at time of trial, should have custody of Derek who was then 11 years old and Jos-lyn who was 8. Its findings of fact clearly indicate which testimony it found most credible. On the smaller questions of who said and did what to bring about unpleasant and disruptive events, and on the larger issues of parenting capability, interest and concern, the trial court found Mary Jo and the witnesses she called more believable than Michael and the witnesses he called.

Mary Jo and Michael gave sharply conflicting accounts concerning several specific incidents which followed their separation. Michael claimed she unreasonably denied him visitation, while Mary Jo attributed the problems to his inappropriate conduct. By downplaying the importance of those incidents and attributing them primarily to the highly stressful breakup of the marriage, the trial court indicated that Mary Jo’s description was more lifelike and entitled to greater weight.

More importantly the testimony of Mary Jo, the children, and a psychologist she retained painted a much different broad-brush picture about the character of Michael and his relationship to the children than did the testimony Michael and his psychologist gave. The trial court’s findings disclose that her version was more true-to-life and consequently a better guide for determining what custodial arrangement would be in the children’s best interests.

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Bluebook (online)
359 N.W.2d 420, 1984 Iowa Sup. LEXIS 1294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-vrban-iowa-1984.