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In re Marriage of Heideman

Court of Appeal of Iowa

August 7, 2013

IN RE THE MARRIAGE OF DEAN W. HEIDEMAN AND BARBARA A. HEIDEMAN Upon the Petition of DEAN W. HEIDEMAN, Petitioner-Appellant, And Concerning BARBARA A. HEIDEMAN, n/k/a BARBARA A. HENN, Respondent-Appellee.

Appeal from the Iowa District Court for Grundy County, Bradley J. Harris, Judge.

A husband appeals the economic and attorney fee provisions of the parties' dissolution decree.

John R. Walker Jr. and Kate B. Mitchell of Beecher, Field, Walker, Morris, Hoffman & Johnson, Waterloo, for appellant.

Christy R. Liss of Clark, Butler, Walsh & Hamann, Waterloo, for appellee.

Considered by Danilson, P.J., Mullins, J., and Huitink, S.J. [*]

HUITINK, S.J.

I. Background Facts & Proceedings.

Dean Heideman and Barbara Heideman, now known as Barbara Henn, were married in 1999.[1] Dean filed a petition for dissolution of marriage on July 5, 2011. A temporary order filed August 15, 2011, required Dean to pay $750 per month in temporary spousal support. The temporary order also required each party to pay certain monthly bills. The bills assigned to Dean included a payment of $414 per month for a 2008 Chevrolet Trailblazer driven by Barbara.

The dissolution hearing was held April 20, 2012. At the time of the hearing, Dean was forty-six years old. He had a high school degree and had been employed for most of his adult life as a truck driver. Dean was currently employed as a truck driver for Peterson Contractors, Inc. (PCI). He earned $66, 000 in 2011, which included about 1000 hours of overtime. Dean did not currently have any housing costs because he was living rent-free in his girlfriend's home.

At the time of the dissolution hearing, Barbara was forty-five years old. During the marriage she was employed at six different jobs and was fired from four of them. Her highest salary was approximately $25, 000 per year. At the time of the hearing, she was employed at Kwik Star, where she earned $9.35 per hour and worked about thirty-nine hours per week, giving her an annual salary of approximately $18, 961. She was also attending Hawkeye Community College with the plan to obtain an associate's degree in corrections. She then planned to attend the University of Northern Iowa for an additional two years. She was living in a mobile home she had owned since before the parties' marriage. The mortgage on the mobile home was $256 per month, and she paid $205 per month for the lot.[2]

The district court issued a dissolution decree for the parties on May 31, 2012. The court awarded Dean his pickup truck, a Harley Davidson motorcycle, a 401(k) valued at $1678, and $25, 910.50, representing one-half of his profit sharing plan at PCI. The court assigned to Dean the loans on his vehicle and motorcycle and his credit card bill of about $10, 000. The court set aside to Barbara the mobile home as a non-marital asset and determined the mortgage on the mobile home and her student loans were non-marital liabilities. Barbara was awarded the Trailblazer, a Harley Davidson motorcycle, and $25, 910.50, as one-half of the profit sharing plan. She was assigned the debts for her vehicle and motorcycle.

In order to equitably divide the assets and liabilities, the court ordered Barbara to pay Dean $1312.50. The court noted Barbara had previously been ordered to pay $850 toward Dean's attorney fees. The court found Barbara owed Dean a total of $2162.50. The court ordered Dean to pay $3000 toward Barbara's attorney fees. The court offset these amounts and ordered Dean to pay Barbara $837.50 for her trial attorney fees.

Although the court had assigned the loan on the Trailblazer ($12, 738) to Barbara, in calculating spousal support the court ordered Dean to pay $414 per month on the loan until it was paid in full, which was expected to be three years. The court also ordered Dean to pay $600 per month in spousal support for a period of four years to assist Barbara while she was attending school.

Dean appeals the property division, spousal support, and attorney fee provisions of the ...


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