In Re the Marriage of Zoellner

219 N.W.2d 517, 1974 Iowa Sup. LEXIS 1067
CourtSupreme Court of Iowa
DecidedJune 26, 1974
Docket55989
StatusPublished
Cited by32 cases

This text of 219 N.W.2d 517 (In Re the Marriage of Zoellner) 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 Zoellner, 219 N.W.2d 517, 1974 Iowa Sup. LEXIS 1067 (iowa 1974).

Opinion

MASON, Justice.

This appeal by petitioner-wife from the trial court’s decree in a dissolution proceedings under chapter 598, The Code, is limited to those provisions of the decree dealing with the property of the parties, maintenance of the wife and children and other financial matters arising from termination of the marital relationship.

May 11, 1972, Barbara Zoellner filed petition in the Hardin district court seeking dissolution of her marriage to Barton K. Zoellner. She asked custody of the parties’ minor children, a division of the real and personal property accumulated by the parties, alimony, suit money and attorney fees.

Respondent in answer admitted some paragraphs of the petition and denied others including the allegation concerning the breakdown of the marital relationship.

The second day of trial respondent admitted in open court there had been a breakdown of the marital relationship between the parties to the extent the legitimate objects of matrimony had been destroyed and there remained no reasonable likelihood the marriage could be preserved. At this point counsel for the parties stated in open court that they had agreed on the following matters: (1) that custody of the minor children should be placed in petitioner, subject to rights of visitation by the respondent which should be determined by the court; (2) that the parties had agreed upon a sale of the real estate, said agreement being incorporated as paragraph 3 of the decree; and (3) that each of the parties would be entitled to the legal title of the automobile presently in his or her possession.

The parties were unable to arrive at an agreement concerning the following matters: (1) visitation rights of respondent with the children; (2) amount of child support and alimony, if any; (3) division of remainder of property; (4) liability for debts; (5) payment of attorney fees of petitioner’s attorney; and (6) payment of costs, including expenses incident to trial.

Evidence was then taken bearing upon the matters which were in dispute. The trial court dissolved the marriage and incorporated detailed findings of fact as to the financial matters in its decree.

Before considering the issues presented for review by this appeal some factual background of the marriage is deemed relevant.

Barton Zoellner and Barbara Zoellner were married August 21, 1965, in Mari-nette, Wisconsin. It was the first marriage for both parties. At time of trial both were 29 years of age and in good health. Barton is a graduate of the University of Wisconsin at Oshkosh with a degree in economics; he is employed as a credit manager for the Ralston Purina Company working out of Iowa Falls. Barbara has a Bachelor’s Degree in speech pathology from the University of Wisconsin at Madison and a Master’s Degree in the same field from the University of Northern Iowa. The parties have two children, Angela, born December 4, 1966 and Adam, born December 24, 1968.

After their marriage in 1965 Barton completed the last year of his education while Barbara worked full time as a speech therapist at an Oshkosh hospital. In June or July 1967 the parties moved to Iowa Falls where Barton continued his employment for Ralston Purina. Over Bar *520 bara’s objection that she wished to be at home with the children, Barton insisted she return to work because otherwise they would not have enough money to “make it.” Barton made arrangements with the County Superintendent of Schools and Barbara went back to work as a speech therapist; she worked four days per week at the time of trial but could work as few as two days or as many as five. She disliked being away from the children and wished to work only three days per week.

The court decreed that custody of the two minor children be awarded to Barbara; Barton was to pay child support of $250 per month until the older child graduated from high school, married, became self-supporting or died, whichever occurs first, whereupon the amount would be reduced to $150 per month until the younger child graduates from high school, marries, becomes self-supporting, or dies, whichever occurs first.

The court retained jurisdiction to determine responsibility of the parties for the higher education (beyond high school) of the children upon such notice as the court shall prescribe. Barbara was not awarded alimony.

Under the distribution of the property either by virtue of the court’s decree or stipulation of the parties Barbara received household goods, appliances and fixtures (these included all living room, dining room, family room, master bedroom and child bedroom and patio furniture, washer, dryer, stove and refrigerator) ; color TV; power lawn mower; snow blower; and movie camera and projector. She was also awarded a 1967 Mustang; by stipulation Barton retained title and assumed indebtedness and lien of $800 thereon. The evidence disclosed the car had 91,000 miles on it at that time, was somewhat unreliable and was essentially unsuited for use by Barbara and the children because of its small size and lack of safety features. Barbara intended to purchase a new car in the near future. It was estimated a new medium size Ford or Mercury would cost approximately $3300 and would carry a monthly payment of approximately $115.

Barton was awarded the following property: furniture, fixtures and appliances presently in the dwelling occupied by him consisting of two chairs, a card table, table lamp, roll-away bed, portable TV and TV trays; grand piano; personal property given the parties by his parents; ice boat; power tools; 1972 Mercury car witluan indebtedness of $2550 thereon; ownership of a life insurance policy; and stereo.

The home: The parties built a home in Iowa Falls. Title to the property is in Barbara’s name alone; the house had an approximate value of $35,000; at time of trial it carried an encumberance of $26,348.40. Under the decree it was not to be sold for less than $38,500 before June 1, 1973. If not sold by that date Barton could purchase it for $35,000, the purchase price payable by cash by June 10, 1973. Barbara and the children could continue to occupy the home until June 10 or until a purchaser took possession, whichever was later. All sale costs and the mortgage balance were to be deducted from the sale proceeds and the remainder was to be equally divided between the parties.

Before division of the proceeds of the sale of the home the respective attorneys were to be paid as follows: Barbara’s attorney — $529.65 for unreimbursed advancements; Barton’s attorney — $186.55 for amounts advanced for depositions. In addition, each party’s attorney was to be paid $2000 as partial fee.

Debts: Barbara was ordered to pay debts to her parents ($100); David Hansen ($175); Mr. Johnson ($100); Younkers ($60); Grahams ($80); and all monthly installments on real estate mortgage until June 10, 1973 or until a purchaser took possession thereof, whichever is later ($197.91 per month). Barton was to pay the debts owed to the credit union (time of trial, balance of $1600, payable $75 per month); American State Bank of Mason *521

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219 N.W.2d 517, 1974 Iowa Sup. LEXIS 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-zoellner-iowa-1974.