Vrban v. Levin

392 N.W.2d 850, 1986 Iowa App. LEXIS 1741
CourtCourt of Appeals of Iowa
DecidedJune 25, 1986
Docket85-175
StatusPublished
Cited by8 cases

This text of 392 N.W.2d 850 (Vrban v. Levin) 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
Vrban v. Levin, 392 N.W.2d 850, 1986 Iowa App. LEXIS 1741 (iowactapp 1986).

Opinions

SNELL, Judge.

This case comes to us on a writ of certio-rari arising from a declaratory judgment ruling issued by Judge Levin of the Fifth Judicial District.

Petitioner Janee L. Vrban was born on March 15, 1962. Her parents were divorced on July 28,1978. The dissolution decree ordered her father to pay child support of $25 per week for Janee until such time as she “becomes self-supporting, or through school, including college, whichever occurs first.” At the time of the dissolution, Jan-ee was sixteen years old.

Janee began college at Drake University in the fall of 1980. She lived in the Drake dormitories her freshman year. During her sophomore year, Janee moved in with her mother due to the increased costs of her education. She borrowed money to purchase a car so that she could commute to school. During the summer after her second year of college, her mother asked Janee to move out. Janee moved back into a dorm when school started in the fall. Janee lived with her brother in his trailer in Pleasantville for the 1983 to 1984 school year.

By October of 1984, Janee had borrowed approximately $10,000 to pay for her college education. Drake considered her a dependent for purposes of receiving financial aid. Throughout college, Janee has been a full-time student in Drake’s pharmacy program. She has worked at Iowa Lutheran Hospital part-time during the school year and full-time during the summers.

On June 15,1982, Janee’s mother, Myrna Clark, filed an application for modification of the dissolution decree requesting an increase in child support from $25 to $50 per week. Gregory Vrban filed a counter-application for modification contending that Janee had become self-supporting and therefore his child support obligation as to her should be terminated. He also requested custody of Janee’s two younger sisters. Judge Brown of the Fifth Judicial District entered a supplemental decree of dissolution on August 29, 1983, awarding custody of Janee’s two sisters to Gregory Vrban, but leaving the remainder of the original dissolution decree unchanged.

On September 19, 1984, Gregory Vrban filed an application for declaratory relief in the Fifth Judicial District, alleging that his child support obligation for Janee terminated in June of 1982 when she became self-supporting. The basis for filing the application was to clear title to real estate. Janee’s mother filed a resistance denying that Janee was self-supporting. On January 7, 1985, Judge Levin issued a ruling that Janee became self-supporting in June of 1982 and therefore Gregory Vrban’s child support obligation terminated as of that date. Judge Levin based his ruling upon two statements in Janee’s October 28, 1984, deposition:

The Court now having received and read the deposition of Janee L. Vrban finds that according to her testimony found in the deposition, she left her mother’s home in the Spring/Summer of 1982. In answer to Mr. Roehrick’s question, “And you were paying your own expenses at that time (Fall of 1982)”, she answered, “Yes. There was no one else to rely on.” Also when Mr. Roehrick asked the question, “Was your mother furnishing your support?”, Janee L. Vrban answered, “We weren’t even speaking.”

Janee filed her petition for this writ of certiorari on February 5, 1985, contending that the district court exceeded its jurisdiction 1) in issuing the declaratory judgment which constituted an improper modification of a dissolution decree, and reversed another trial judge’s modification decision, 2) in modifying the child support obligation retrospectively, and 3) in failing to join all necessary parties.

[852]*852Certiorari is the method of bringing the record of a trial tribunal before the court for the purpose of ascertaining whether that tribunal exceeded its jurisdiction or acted illegally. State v. West, 320 N.W.2d 570, 573 (Iowa 1982). “The writ of certiorari is distinguishable from appeal in that certiorari prevents the body performing or exercising a judicial or quasi-judicial function from violating principles of jurisdiction or exceeding the scope of its authority, while appeal is aimed to relieve the individual litigant substantively or from mistake in applying adjective law.” Hohl v. Board of Education of Poweshiek County, 250 Iowa 502, 509, 94 N.W.2d 787, 791 (1959). Generally, only a party to the challenged action may obtain the writ. West, 320 N.W.2d at 573. However, an exception exists which broadens the availability of the writ where no appeal is otherwise permitted and unless such relief is granted injustice will result. Id.; Hohl, 250 Iowa at 509, 94 N.W.2d at 791-92 (courts may make certiorari available to all persons who show a substantial interest in the matter challenged); Hemmer v. Bonson, 139 Iowa 210, 215, 117 N.W. 257, 259 (1908) (certiorari available remedy “to individual citizen who suffers peculiar injury by reason of a judgment or order entered in excess of jurisdiction”); 14 Am. Jur.2d Certiorari § 31 at 808 (1964) (“If a person not a party to the proceeding seeks to use the writ, he must show that the decision sought to be reviewed is directed against him or his property, in the sense that the enforcement of the decision would involve special, immediate, and direct injury to his interests.”).

In the case at bar, although petitioner, Janee Vrban, was not a party to the declaratory judgment action, she had a substantial interest in its outcome. We, therefore, find that petitioner is a proper party-in bringing this certiorari action.

De novo review is not permitted on certiorari; only questions of law are presented. Cedar Rapids Steel Transp. v. Iowa State Commerce Comm., 160 N.W.2d 825, 831 (Iowa 1968).

In the case at bar, Gregory Vrban made no child support payments for Janee after May 1982. Judge Levin found that Janee was self-supporting as of June 1982 and, therefore, held that Gregory Vrban had no arrearages of child support arising after that date. It follows, then, that the trial court, as an adjunct of the declaratory relief proceeding, essentially modified the Vrbans’ original divorce decree by eliminating Gregory Vrban’s support obligation for Janee.

However, the court below was not confronted with a proceeding for modification of the prior decree under Iowa Code section 598.21 (1985). Consequently, the court exceeded its jurisdiction by converting a declaratory judgment action into a modification proceeding. Our resolution of this issue alone mandates a reversal. See Gilliam v. Gilliam, 258 N.W.2d 155, 156 (Iowa 1977) (trial court overreached in converting a contempt citation into a modification proceeding).

Furthermore, even had this writ stemmed from a modification proceeding, the trial court possessed no authority to exonerate Gregory Vrban from past due and accrued child support payments.

Modification of a decree for support payments operates prospectively and not retrospectively. The right to modify does not authorize the court to divest the parties of rights accrued under the original decree. Delbridge v. Sears, 179 Iowa 526, 530-533, 160 N.W. 218; Kell v. Kell, 179 Iowa 647, 651, 161 N.W. 634.

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Vrban v. Levin
392 N.W.2d 850 (Court of Appeals of Iowa, 1986)

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Bluebook (online)
392 N.W.2d 850, 1986 Iowa App. LEXIS 1741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vrban-v-levin-iowactapp-1986.