IN RE THE MARRIAGE OF JANE M. FRICK AND DUANE T. FRICK, JR. Upon the Petition of JANE M. FRICK, Petitioner-Appellee, And Concerning DUANE T. FRICK, JR., Respondent-Appellant.
from the Iowa District Court for Dubuque County, Monica L.
Wittig Zrinyi, Judge.
Frick challenges the economic provisions arising out of the
dissolution of his marriage.
Moon, Chad A. Swanson, and Erin Patrick Lyons (until
withdrawal) of Dutton, Braun, Staack & Hellman, P.L.C.,
Waterloo, and Clarence Joseph May III of The May Law Firm,
P.C., Dubuque, for appellant.
L. Weiss of Fuerste, Carew, Juergens & Sudmeier, P.C.,
Dubuque, for appellee.
by Tabor, P.J., and Mullins and Bower, JJ.
Frick appeals the economic provisions of the district
court's decree dissolving his marriage to Jane Frick,
n/k/a Jane Saunders. We find a discrepancy occurred in the
court's calculations and modify the economic
distributions accordingly. We affirm as modified the district
court decree regarding spousal support and life insurance.
Background Facts & Proceedings
and Jane were married on April 16, 1994. They had two
children together, who have both reached the age of majority.
The older child was a senior in college at the time of trial,
and the younger child lived and worked in the same town as
the parents. At the time of trial, Duane and Jane were
co-guardians for their grandchild C.F., born in 2011.
fifty-five years old. She earned a college degree in
education prior to the marriage. Jane worked in the finance
and insurance industry before the parties married, then in
1999 decided to stay home with the children, care for her
ailing parents, and occasionally substitute teach. She
maintained her teaching certification until about
2011. She taught part time from 2009 to 2011,
then homeschooled one child and stayed home with the
parties' grandchild. She began working part-time for
Mercy Health Center following the parties' separation in
2016, earning approximately eleven dollars an hour with no
has worked in the finance and insurance industry since before
the parties married. Duane is fifty years old. He earned a
master's degree in 1998. At the time of trial, he was
employed by Heartland Financial as a senior vice president.
His contract provides for a salary of $150, 000, benefits,
restricted stock units, and offers the possibility of
bonuses. Duane received a $10, 000 signing bonus in 2016, and
was guaranteed a bonus for 2016.
Duane's prompting, in 2015 the parties downsized to a
smaller home. They purchased a home for $254, 000, carrying a
mortgage of $195, 296 at the time of trial. Throughout the
marriage, Duane supervised the family's finances and Jane
was not restricted to a budget. The new house has required
significant repair work. Following their separation, Jane
stayed in the marital home, and Duane moved in with his
parents. Duane and Jane were paying rent and utilities for
their adult daughters at the time of trial.
February 2016, Jane filed a petition for dissolution of
marriage. In her petition Jane requested temporary and
permanent spousal support and attorney fees. A trial was held
in February 2017. The parties were unable to reach an
agreement on any financial provisions before trial.
court entered its decree April 18. The parties filed multiple
post-trial and post-decree motions. Among other issues, Duane
moved pursuant to Iowa Rule of Civil Procedure 1.904(2) the
court amend, enlarge, or modify its holdings relative to the
economic provisions on appeal. On August 21, Duane filed the
Standard of Review
review equitable actions de novo. Iowa R. App. P. 6.907. We
examine the record and adjudicate the rights of the parties
anew. In re Marriage of Williams, 589 N.W.2d 759,
761 (Iowa Ct. App. 1998). Because the district court is in a
unique position to hear the evidence, we defer to the
district court's determinations of credibility. In re
Marriage of Brown, 487 N.W.2d 331, 332 (Iowa 1992).
While our review is de novo, the district court is given
latitude to make ...