IN RE THE MARRIAGE OF KENNETH CRANE AND JERRILYN CRANE Upon the Petition of KENNETH CRANE, Petitioner-Appellant/Cross-Appellee, And Concerning JERRILYN CRANE, Respondent-Appellee/Cross-Appellant.
from the Iowa District Court for Clayton County, Richard D.
appeals the parties' dissolution decree on the issues of
spousal support and property division, and respondent
J. Burns of Miller, Pearson, Gloe, Burns, Beatty &
Parrish, P.L.C., Decorah, for appellant/cross-appellee.
W. Den Beste of Howes Law Firm, P.C., Cedar Rapids, for
Considered by Mullins, P.J., and Bower and McDonald, JJ.
Crane appeals the parties' dissolution decree on the
issues of spousal support and property division, and Jerrilyn
Crane cross-appeals. We find Kenneth's spousal support
obligation should be decreased to $1000 per month. We affirm
the property distribution, including the allocation of debts,
found in the dissolution decree. We determine each party
should pay their own appellate attorney fees. We affirm the
district court, as modified by this decision.
Background Facts & Proceedings
and Jerrilyn were married in 1973. They have three adult
children. On November 17, 2014, Kenneth filed a petition for
dissolution of marriage. The parties stipulated to a division
of assets, except for a debt of $9335 to One Main Financial.
They regarded the stipulated property division to be roughly
dissolution trial was held on December 11, 2015. Kenneth was
then sixty-three years old. He is a truck driver and operates
Ken Crane Trucking, Inc. The company formerly owned several
tractors and trailers, and hired drivers, including the
parties' oldest son. Kenneth testified he had cut back in
recent years and presently owned two trailers, one tractor,
and he was the only driver. He stated Ken Crane Trucking used
Apex Capital Corp. (Apex) to assist in bookkeeping and
collection work. Kenneth testified he would like to drive for
another year and a half and then retire. Kenneth's tax
returns showed he had income of $39, 423 in 2012; $20, 810 in
2013; and $20, 919 in 2014.
time of the trial, Jerrilyn was sixty-two years old. She
assisted in bookkeeping and dispatching for Ken Crane
Trucking until the parties separated in November 2014. She is
presently employed at Good Neighbor Home, where her base
gross income is $22, 256 per year. Jerrilyn also testified
she works overtime. We determine Jerrilyn earns $25, 000 per
year, based on her regular income plus
overtime. Jerrilyn requested spousal support of
$3500 per month. She testified Ken Crane Trucking could earn
gross income of $20, 400 per month. She stated she believed
Kenneth's income was much greater than what he reported
because he overstated his expenses.
district court entered a dissolution decree for the parties
on February 26, 2016. The court found:
The court has thoroughly reviewed Kenneth's personal and
business tax returns and concludes Kenneth is realizing a
profit from his business. Legal business deductions taken by
Kenneth have allowed his returns to show little or no profit.
The court does not believe they reveal a true cash flow
court ordered Kenneth to pay spousal support of $1500 per
month until Jerrilyn reaches the age of sixty-five. The court
stated, "Spousal support shall be subject to
recalculation upon Jerrilyn attaining 65, depending upon the
social security benefits available to Kenneth and those
available to Jerrilyn." Concerning the debt of $9335 to
One Main Financial, the court found Kenneth incurred the debt
to purchase a welder and he should be responsible for the