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In re Marriage of Reyerson

Court of Appeals of Iowa

September 13, 2017

IN RE THE MARRIAGE OF SARAH SMITH REYERSON AND DAVID L. REYERSON Upon the Petition of SARAH SMITH REYERSON, Petitioner-Appellee, And Concerning DAVID L. REYERSON, Respondent-Appellant.

         Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.

         David L. Reyerson appeals various provisions of the district court's decree dissolving his marriage to Sarah Smith Reyerson. AFFIRMED.

          Barry S. Kaplan and C. Aron Vaughn of Kaplan & Frese, L.L.P., Marshalltown, for appellant.

          Reyne L. See of Peglow, O'Hare & See, P.L.C., Marshalltown, for appellee.

          Considered by Vaitheswaran, P.J., Bower, J., and Mahan, S.J. [*]

          BOWER, Judge.

         David L. Reyerson appeals various provisions of the district court's decree dissolving his marriage to Sarah Smith Reyerson. We find the district court equitably divided the parties' property and debt, properly calculated spousal and child support, and appropriately awarded attorney fees. We affirm the district court.

         I. Background Facts and Proceedings

         David is employed and reported an income of $122, 800 per year plus a variable bonus. The last reported bonus was $10, 000. Sarah was employed making $30, 000 per year but left the workforce to care for the children nearly twenty years ago. Sarah returned to work in an unrelated field and reports income near $17, 000 per year, though she anticipates receiving more hours. Her current job does not allow for full-time work but does give Sarah flexibility to care for the children, who range in age from eleven to eighteen. The district court determined Sarah's income to be $22, 000. Sarah wishes to return to school and earn a degree to be a school counselor.

         Sarah filed a petition for dissolution of marriage on January 5, 2016. During the pendency of the case, marital bills were not paid and David did not respond to discovery requests. Several hearings were held to resolve these matters. Trial was held August 16 and the district court ordered David to pay $1500 per month for 120 months in spousal support; $1072 per month for child support, with corresponding reductions as the children reach majority; $3000 for Sarah's attorney fees; and $500 for failure to produce discovery responses.

          David was granted the marital home, with $1500 in net equity. At the time of trial, the home had a property tax balance of $2800 and was in arrears one payment. David was awarded the parties' two Volkswagen Jettas, both with a negative net value, and a 2003 Dodge Caravan, though one of the Jettas and the Caravan were primarily used by the two oldest children. David was also assigned a large portion of the parties' debt.

         Sarah lives in a home purchased by her parents. Sarah testified she would pay $525 in rent per month, but there was no rental agreement, and she was unsure when the first payment would be due. Sarah was awarded the 2010 Volkswagen Routan. Sarah was assigned a small portion of the parties' debt.

         David appeals the district court's grant of spousal support, child support, attorney fees, and the division of property.

         II. ...


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