IN RE THE MARRIAGE OF KEVIN RICHARD HUINKER AND DODY JANE HUINKER Upon the Petition of KEVIN RICHARD HUINKER, Petitioner-Appellee, And Concerning DODY JANE HUINKER, Respondent-Appellant.
from the Iowa District Court for Clayton County, Joel A.
appeals the physical care, child support, spousal support,
property division, and attorney fee provisions of the
parties' dissolution decree. AFFIRMED AS MODIFIED.
E. Schoeberl of Story, Schoeberl & Seebach, L.L.P.,
Cresco, for appellant.
Jeffrey L. Swartz of Swartz Law Firm, P.L.L.C., Waukon, for
Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.
Huinker appeals the physical care, child support, spousal
support, property division, and trial attorney fee provisions
of the parties' dissolution decree. We affirm on the
issues of physical care, child support, property division,
and trial attorney fees. We modify the allocation of unpaid
medical expenses- Kevin Huinker should pay 78.88% and Dody
should pay 21.12% of all unreimbursed medical expenses. We
also modify the decree to provide Kevin should pay spousal
support of $350 per month. We award Dody $1000 appellate
attorney fees, payable by Kevin.
Background Facts & Proceedings
and Dody were married in 2002. This was a second marriage for
both parties. They have one child, S.H., who was born in
2004. Kevin and Dody separated in 2011 and now live a few
blocks apart in Monona, Iowa. They entered into an informal
joint physical care arrangement where each week the child
lived with Kevin on Sunday, Monday, and Tuesday; with Dody on
Thursday, Friday, and Saturday; and on Wednesday care was
alternated between the parents. Kevin filed a petition for
dissolution of marriage August 20, 2014.
dissolution hearing was held on September 2, 2015. At that
time Kevin was forty-five years old. He was employed as a
correctional officer for the State of Iowa. His income in
2013 was $63, 000. Kevin lived in a house owned by his
mother, and he paid her rent. He has a child from his first
marriage, D.H., who lives with him. Kevin was in good health.
During the marriage, the parties obtained a mortgage and $12,
900 from the proceeds of the loan was used to pay Kevin's
prior debts. Kevin agreed to repay Dody for this debt.
time of the dissolution hearing Dody was fifty years old.
Prior to her marriage to Kevin, Dody purchased a home in
Elkader with funds she received in dissolution proceedings
from her first husband. She later sold the Elkader home and
purchased a home in Monona, where she was living at the time
of trial. Dody previously worked in a dental office for
fourteen years but was currently unemployed at the time of
trial. Dody has a number of medical problems. She was
recently determined to be totally disabled, and she receives
Social Security disability benefits of $15, 948 per year.
dissolution decree for the parties was filed on January 12,
2016. The court granted the parties joint legal custody and
joint physical care. The court continued the current
arrangement, where Kevin has the child on Sunday, Monday, and
Tuesday; Dody has the child on Thursday, Friday, and
Saturday; and they alternate Wednesdays and holidays. Kevin
was ordered to pay child support of $454.44 per month and to
provide health insurance for the child. The court determined
the parties should equally share unreimbursed medical
expenses up to $250. For any amounts over $250, the parents
would pay percentages as provided in the child support
guidelines. The court did not award any spousal support to
Dody. The court divided the parties' assets, including
Kevin's account with the Iowa Public Employees Retirement
System (IPERS). As part of the property division, Kevin was
ordered to pay Dody $12, 000. The court awarded Dody $750 in
trial attorney fees.
filed a motion pursuant to Iowa Rule of Civil Procedure
1.904(2). The court increased the amount Kevin should pay
Dody to $12, 900, as he agreed in his testimony. The court
made some further adjustments to determine Kevin should
receive net assets worth $13, 000 and Dody should receive net
assets worth $17, 247. Dody now appeals the decision of the
Standard of Review
review in dissolution cases is de novo. Iowa R. App. P.
6.907; In re Marriage of Fennelly, 737 N.W.2d 97,
100 (Iowa 2007). We examine the entire record and determine
anew the issues properly presented. In re Marriage of
Rhinehart, 704 N.W.2d 677, 680 (Iowa 2005). We give
weight to the factual findings of the district ...