IN RE THE MARRIAGE OF SARAH L. POURROY AND JARED M. POURROY Upon the Petition of SARAH L. POURROY, n/k/a SARAH L. CLOSE, Petitioner-Appellee, And Concerning JARED M. POURROY, Respondent-Appellant.
from the Iowa District Court for Louisa County, John G. Linn,
father appeals the court's ruling that modified the child
support and visitation provision of the dissolution decree.
R. Koller and Rae M. Kinkead of Simmons Perrine Moyer Bergman
PLC, Cedar Rapids, for appellant.
L. Klockau of Bray & Klockau, P.L.C., Iowa City, for
Considered by Danilson, C.J., and Vogel and Vaitheswaran, JJ.
Pourroy appeals the district court's decision modifying
the child support and visitation provisions of the decree
that dissolved his marriage to Sarah Pourroy, n/k/a Sarah
Close. Jared claims the district court incorrectly ordered a
retroactive increase in his child support obligation, in
contravention to the parties' stipulated decree. He also
claims the court incorrectly calculated the new child support
amount. Finally, he contends the court's modification of
the visitation schedule is not in the best interests of the
Background Facts and Proceedings.
parties dissolved their marriage by a stipulated decree in
October 2011. The parties' two children-born 2004 and
2007-were placed in Sarah's physical care, and Jared had
visitation six overnights every two weeks. The parties agreed
to a substantial downward deviation of Jared's child
support.Jared was ordered to pay $200.00 per month
during the school year and $275.00 for each of the three
months of summer, which averaged out to $218.75 per
month. The parties also agree to share equally a
number of expenses for the children, including: daycare,
school supplies, activities fees, equipment, winter clothing,
and haircuts. In the stipulation, the parties agreed the
reasons for the downward departure in child support to be:
"(1) Jared is providing health insurance for the
children; (2) the parties have agreed to a comprehensive
shared expense provision relating to the children's
expenses; and (3) Jared has care of the children for six
overnights every 14 days." In addition, the stipulation
stated the parties agree the child support amount "shall
not be modifiable for five years from the date of the
decree." The district court's decree noted the
deviation from the guideline amount and approved of the
deviation "for the reasons set forth in the stipulation,
" and the court found the stipulation to be equitable.
filed a petition to modify the decree in January 2015,
seeking to adjust the visitation schedule and the child
support. The matter proceeded to trial in March 2016, and the
district court issued its decision in June 2016. The court
removed Jared's midweek overnight visitation during the
summer and increased his child support obligation from
$218.75 to $880.00 per month, retroactive to May 2015. Jared
filed a posttrial motion, which the district court denied. He
Scope and Standard of Review.
review of a modification proceeding is de novo, but we give
weight to the district court's findings of fact,
especially its credibility determinations. In re Marriage
of Harris, 877 N.W.2d 434, 440 (Iowa 2016). However, we
review the district court's decision to make an increase
in child support retroactive for abuse of discretion. In
re Marriage of Thede, 568 N.W.2d 59, 62-63 (Iowa Ct.
appeal, Jared challenges the court's modification of his
child support obligation, both the retroactivity of the