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In Re the Marriage of Thomas Frederick and Kimberly

January 24, 2013

IN RE THE MARRIAGE OF THOMAS FREDERICK AND KIMBERLY FREDERICK UPON THE PETITION OF THOMAS FREDERICK, PETITIONER-APPELLANT, AND CONCERNING KIMBERLY FREDERICK, RESPONDENT-APPELLEE.


Appeal from the Iowa District Court for Mills County, Kathleen Kilnoski Judge.

The opinion of the court was delivered by: Bower, J.

Thomas Frederick appeals from the decree dissolving his marriage to Kimberly Frederick. AFFIRMED.

Considered by Doyle, P.J., and Mullins and Bower, JJ.

Thomas Frederick appeals from the decree dissolving his marriage to Kimberly Frederick. He contends the district court erred in awarding Kimberly spousal support. Because the evidence supports the award, we affirm.

I. Background Facts and Proceedings.

Thomas and Kimberly were married on February 25, 2010. This is the parties' second marriage to each other. They were married for approximately one year and had been divorced about six months before their remarriage. Both have children from previous relationships, one of whom-Kimberly's daughter- is still a minor.

At the time of trial, Thomas was sixty-one years old and in good health. He worked for the United States Postal Service, earning a net salary of approximately $64,000 per year. In addition to his salary, Thomas receives a military pension of $22,000 per year. He pays one-half of this pension to his first wife of thirty-one years in spousal support.

Thomas owns a home valued at $345,000, debt free. He has a retirement plan valued at more than $81,000. Thomas also owns a vehicle valued at approximately $12,000, as well as $20,000 in household furnishings. Thomas estimates his monthly expenses are approximately $1500. His monthly net income is $5000.

At the time of trial, Kimberly was forty-seven years old and in good physical health, but suffers from severe stress, mild depression and anxiety. She has completed some college coursework, but her credits are about twenty years old. Kimberly worked on and off for the United States Postal Service since 1994. She was working part-time when she quit her job in January 2010. Kimberly reentered the work force after Thomas initiated the divorce proceedings.

Kimberly has few assets. She has a vehicle with a net value of approximately $1500. She has a retirement plan valued at approximately $4109. Kimberly estimates her monthly expenses will be approximately $2011. Her income for December 2011, coupled with her child support payments, was $670.

Thomas filed a petition to dissolve the marriage in May 2011. Trial was held on December 23, 2011. On the same day, the district court entered its decree dissolving the marriage. The court awarded Kimberly rehabilitative spousal support in the amount of $1200 per month for twelve months, followed by $1000 per month for six months. The court also awarded Kimberly $300 in trial attorney fees.

II. Scope and Standard of Review.

We review dissolution cases de novo. In re Marriage of Okland, 699 N.W.2d 260, 263 (Iowa 2005). We examine the entire record and adjudicate the rights of the parties anew on the issues that are properly preserved. In re Marriage of Jones, 653 N.W.2d 589, 592 (Iowa 2002). However, we accord the trial court considerable latitude in making an award and will disturb its ruling only where there has been a failure to do equity. Okland, 699 N.W.2d at 263. We give weight to the trial court's fact findings, especially when ...


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