Youel v. Youel

218 N.W.2d 449, 1974 Iowa Sup. LEXIS 1029
CourtSupreme Court of Iowa
DecidedMay 22, 1974
Docket2-56148
StatusPublished
Cited by3 cases

This text of 218 N.W.2d 449 (Youel v. Youel) 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
Youel v. Youel, 218 N.W.2d 449, 1974 Iowa Sup. LEXIS 1029 (iowa 1974).

Opinion

McCORMICK, Justice.

Plaintiff Geraldine J. Youel (Geraldine) appeals the property and support provisions of trial court’s decree dissolving her marriage to defendant James S. Youel *450 (James). We affirm in part, reverse in part, modify and remand.

Geraldine petitioned for separate maintenance prior to adoption of the dissolution of marriage statute, effective July 1, 1970, which now appears as Code chapter 598. When that statute became effective, James cross-petitioned for dissolution. Upon trial, the court ordered a dissolution of the marriage. Geraldine does not appeal that part of the decree.

At the time of the December 7, 1971, trial Geraldine was 50 and James was 49. The couple had been married for 23 years. Five children were born of the marriage, Lisa, Curtis, Josh, Tish, and Julie, then ages 19, 15, 11, 10 and 8.

James is head football coach and math teacher at Fort Madison High School. His gross earnings in 1971 from teaching and coaching were $14,000. He earned an additional $1200 from summer and evening work. He testified his net take-home pay from teaching was $11,000 after deductions for tax withholdings, health insurance, and an educational fund for the children. He said he could expect only cost-of-living raises.

Geraldine had not been employed outside the home during the marriage except for an unspecified period one day a week at a charm school. She quit for health reasons. The record does not reveal her education or any job-training. She testified she has a heart condition and has been advised by her physician not to work.

The property of the parties consisted of a family home, a 1956 Pontiac, a 1961 Ford, and household furnishings.

The home was purchased in about 1960 for $27,500. Geraldine contributed toward the purchase $6000 received by her prior to marriage. James contributed toward the purchase $8000 received in gifts from his father. Subsequent monthly mortgage debt payments for principal and interest of $152.19, taxes, insurance and maintenance expense were paid from James’ earnings. At trial time, the mortgage debt was about $12,000.00. No evidence was received as to the value of the home, but in his financial affidavit James estimated its value at $35,000 to $50,000.

At the conclusion of the evidence the trial judge dictated his findings into the record and directed James’ lawyer to prepare a decree to be submitted to the court after approval as to form by Geraldine’s lawyer. For some reason, unexplained in the record, the decree was not entered until January 29, 1973. Although we do not understand this delay, neither party complains of it, and we assume it was intentional on their part.

In its decree the court gave custody of the four minor children of the parties to Geraldine, subject to reasonable visitation by James. He was ordered to pay child support of $20 per week per child to terminate as to each child as such child reaches the age of 18 or marries or becomes self-supporting. She received the 1956 Pontiac and household furnishings, and he received the 1961 Ford and other household furnishings. Geraldine was given the right to occupy the residence until the youngest child reaches 18, marries or becomes self-supporting, and James was ordered to make mortgage payments, pay taxes and upkeep during that period. Then the house was to be sold, James reimbursed for post-dissolution mortgage payments, including principal and interest, and any remaining proceeds divided equally between the parties. No alimony was awarded.

James was ordered to maintain medical insurance on the children, to pay their medical and dental bills, and to pay $1029.-58 in debts. He was also ordered to pay $350 of Geraldine’s attorney fees.

Five questions are presented in this appeal: (1) Should Geraldine receive alimony? (2) Should child support be increased? (3) Should Geraldine receive the home outright? (4) Should James be ordered to pay a larger trial court attorney fee for Geraldine? and (5) Should James *451 be required to pay an attorney fee for Geraldine on appeal ?

I. Alimony. Trial court observed, “The court is not going to award any alimony because I am satisfied that we really don’t have assets out of which to award alimony.” Geraldine contends she is entitled to alimony.

In Schantz v. Schantz, 163 N.W.2d 398 (Iowa 1968) we listed a number of criteria to be considered in arriving at an equitable determination of economic questions in divorce cases. After the dissolution statute became effective in 1970, we eliminated consideration of fault. In re Marriage of Williams, 199 N.W.2d 339 (Iowa 1972).

Postmarital criteria listed in the Schantz case which have application in the present case include:

1. Duration of the marriage.
2. Number of children, their ages, and physical or mental conditions.
3. Net worth of property acquired, contributions of each party thereto by labor or otherwise, net worth and present income of each party.
4. Present physical health of each party.
5. Earning capacity of each party.
6. Ability of one party to pay balanced against relative needs of the other.

(1) These parties were married 23 years. (2) They have five children, four of whom still require care, and one of whom was only 8 years old when the marriage ended. Several of the children have skin problems, requiring regular medication. (3) The home of the parties is their only substantial asset. Geraldine contributed to its acquisition. In his financial affidavit James estimated its 1971 value as $35,000 to $50,-000, indicating an equity of $23,000 to $38,-000. James had an annual income of more than $15,000. Geraldine had none. (4) The record does not show James has any health problem. It does show Geraldine has a heart condition which requires care including regular medication. (5) James can be expected to continue his earnings until retirement, augmented by periodic cost-of-living increases. Geraldine will have no earnings in the foreseeable future. (6) Although James cannot support his family in the same manner as if they were together, and perhaps not to the level of actual need, he can afford to contribute to the support of Geraldine and his children.

James now argues, although he did not at trial, that Geraldine is able to obtain gainful employment. There is credible evidence Geraldine is physically disabled from doing so. James alleges her testimony should not be accepted because it was not supported by medical evidence. Only Geraldine and James testified at trial. He did not dispute her claim of health impairment, and trial court, who was in a position to see and hear the witnesses, said, “I am impressed with the sincerity of both * * * parties.” We give deference in equity cases to trial court assessments of credibility. We believe the record supports Geraldine’s assertion of physical disability.

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Related

In Re the Marriage of Ward
226 N.W.2d 812 (Supreme Court of Iowa, 1975)
In Re the Marriage of Zoellner
219 N.W.2d 517 (Supreme Court of Iowa, 1974)
In Re the Marriage of Morgan
218 N.W.2d 552 (Supreme Court of Iowa, 1974)

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Bluebook (online)
218 N.W.2d 449, 1974 Iowa Sup. LEXIS 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youel-v-youel-iowa-1974.