Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marriage of Judd

Court of Appeals of Iowa

July 18, 2018

IN RE THE MARRIAGE OF SCOTT ALLEN JUDD AND SHAWN L. JUDD Upon the Petition of SCOTT ALLEN JUDD, Petitioner-Appellant, And Concerning SHAWN L. JUDD, Respondent-Appellee.

          Appeal from the Iowa District Court for Clinton County, John D. Telleen, Judge.

         The petitioner appeals the district court's denial of his application to modify the parties' dissolution decree.

          Robert J. McGee of Robert J. McGee, P.C., Clinton, for appellant.

          James L. Pillers of James L. Pillers, P.C., Clinton, for appellee.

          Considered by Vogel, P.J., and Doyle and Bower, JJ.

          BOWER, JUDGE.

         Scott Judd appeals the district court's denial of his application to modify the parties' dissolution decree. Scott's application to modify was instead an untimely motion pursuant to Iowa Rule of Civil Procedure 1.904(2) and did not extend the time for filing an appeal. Because the appeal is untimely, we do not have jurisdiction to consider it. We therefore dismiss the appeal.

         I. Background Facts & Proceedings

         Scott and Shawn Judd were previously married. They have one child, A.L.J., who was born in 1997. A decree of dissolution of marriage was filed on October 16, 2008, granting the parties joint legal custody of the child, with Shawn having physical care. Scott had regular visitation with the child. He was ordered to pay child support of $350 per month "so long as [the child] qualifies for support pursuant to Iowa Code Section 598.1(9)."

         Shawn filed an application for modification of the dissolution decree on October 7, 2016, stating A.L.J. had reached the age of majority but requested a continuation of Scott's child support obligation under Iowa Code section 598.1(9) (2016), because the child was dependent on the parties due to a physical or mental disability. She additionally requested an increase in Scott's child support obligation. The application stated Shawn was appointed as the guardian and conservator for the child on September 23, 2015.

         In a counterclaim, Scott stated he would like to become a co-guardian and co-conservator for the child. He also stated if the court granted the parties shared physical care of the child, his child support obligation should be adjusted accordingly. He asked the court to address the issue of the dependency issue for the child and requested trial attorney fees.

         A hearing on Shawn's application for modification was held on March 21, 2017.[1] Shawn filed a post-trial brief setting out her reasons for requesting an increase in Scott's child support obligation. In Scott's post-trial brief, he claimed there was no evidence to show the child needed support beyond what she would receive in Social Security disability benefits if he were not paying support. He stated "one could argue" the disability benefits should be prorated between the parties.

         The district court issued a decision on March 24, finding it was reasonable and necessary for the child to continue to receive support under section 598.1(9) due to her disabilities. The court concluded an increase in child support was not warranted, as the child received $539 in Social Security disability benefits and $350 in support from Scott, for a total of $889 per month.[2] This amount was larger than the amount that would have been payable under the child support guidelines, $686 per month. The court denied Shawn's application for modification of the decree. The court did not address the issues raised in Scott's counterclaim, other than to state his request for joint guardianship of the child should be addressed in the separate guardianship proceedings.

         On September 5, Scott filed an "Application for Modification of the Decree of Dissolution of Marriage to Determine and/or Clarify Status of Support." The application (1) noted the court did not specifically order the continuation of support; (2) requested the court to review the amount of support if it was continued, considering the time he spent with the child and the fact he did not receive any of the child's Social Security disability benefits; and (3) asked the court to eliminate ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.