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 Johanningmeier

Court of Appeals of Iowa

May 1, 2019

IN RE THE MARRIAGE OF ROXANNE M. JOHANNINGMEIER AND TRAVIS C. JOHANNINGMEIER Upon the Petition of ROXANNE M. JOHANNINGMEIER, Petitioner-Appellant/Cross-Appellee, And Concerning TRAVIS C. JOHANNINGMEIER, Respondent-Appellee/Cross-Appellant.

          Appeal from the Iowa District Court for Allamakee County, John J. Bauercamper, Judge.

         Roxanne Johanningmeier appeals, and Travis Johanningmeier cross-appeals, the district court order denying both parties' petitions to modify a dissolution-of-marriage decree.

          James T. Peters of Peters & Longmuir, PLC, Independence, for appellant.

          James Burns and Dana DeSimone of Miller, Pearson, Gloe, Burns, Beatty & Parrish, P.L.C., Decorah, for appellee.

          Heard by Potterfield, P.J., and Mullins and Bower, JJ.

          Mullins, Judge.

         Roxanne Johanningmeier appeals, and Travis Johanningmeier cross-appeals, the district court order denying both parties' petitions to modify provisions of a dissolution-of-marriage decree. Roxanne argues the district court erred in failing to find a substantial change in circumstances to justify a modification of Travis's child-support obligation. Roxanne contends income Travis receives from his solely owned corporation should be included in the child-support-guideline calculation. Travis argues the district court erred in failing to find a substantial change in circumstances to justify a modification of the custody provisions of the decree with respect to the parties' youngest child. Travis argues a shared-care arrangement, rather than placement with Roxanne, is in the child's best interests. Roxanne requests an award of appellate attorney fees.

         I. Background Facts and Proceedings

         Roxanne and Travis were married in July 2000. They are the parents of three children: C.N.J., born in 1995; M.J., born in 2000; and C.R.J., born in 2004. Roxanne petitioned for dissolution of the marriage in 2011. On April 30, 2012, a stipulated dissolution decree was entered. The parties agreed to joint legal custody with Roxanne having physical care of the three children. Both parties waived the filing of their financial statements prior to the court's approval of the decree. Under the stipulation, Travis was responsible for paying Roxanne $1500.00 each month in child support. The stipulation identified the support obligation "varies from the child support guidelines, but is fair to both considering the parties' assets and earning." The stipulation also identified, "Child support payments shall continue for a child until the child attains the age of 18 years, or termination of the child's high school education, whichever shall occur last, but not past the age 19," but provided no step-down amounts for when support was payable for two children or one child. The stipulation required Roxanne to continue to pay for the children's health insurance through her employer and Travis to reimburse her for that cost. Roxanne would be responsible for the first $250.00 per child for any further medical expenses not covered by insurance, not to exceed $800.00 in total. For any uncovered medical expenses beyond that amount, Travis would be responsible for seventy-five percent and Roxanne twenty-five percent of the cost. There is no other provision for cash medical support.

         An unsigned child-support-guidelines worksheet was prepared and filed by Roxanne at the same time as the stipulation. The worksheet stated Roxanne's and Travis's gross annual incomes were $11, 813.35 and $99, 625.00 respectively. The worksheet resulted in a child-support-guideline amount of $1561.57 and cash-medical support of $415.10 payable by Travis to Roxanne. The worksheet also provided a breakdown of the guideline amount of child support for one and two eligible children.[1]

         The district court approved all of the stipulation's provisions in a "Decree of Dissolution of Marriage." The decree stated "[t]he child support as agreed substantially complies with the child support guidelines." The decree does not provide for a decrease or a recalculation of the child-support obligation as each child reached adulthood. Further, the decree does not award a monthly cash-medical award to Roxanne.

         At the time of the dissolution, Roxanne worked part-time at a medical center in Prairie du Chien, Wisconsin. She terminated her employment for a few months in order to finish her associate's degree. She returned to the same employer in the summer of 2012, where she remained at the time of the modification hearing. At the time of the modification hearing, Roxanne worked as a medical coder from home. Both of the younger children lived with Roxanne at the time of the hearing.[2]Throughout the marriage, dissolution, and at the time of the modification hearing, Travis owned, operated, and is the sole shareholder of TJ's Fencing, a "C" corporation.[3]

         After C.N.J. reached adulthood in 2013, Travis continued paying $1500.00 per month in child support for the two remaining minor children. In approximately 2015, Travis unilaterally reduced his child-support payment to $1300.00 per month. Roxanne began contempt proceedings after Travis amassed arrearages of approximately $3000.00. Travis subsequently paid the arrearages and the contempt proceedings were cancelled. Travis has continued paying the $1500.00 per month obligation since that time.

         In December 2016, Travis petitioned to modify the dissolution decree's child-support provisions to reflect C.N.J. reaching the age of majority and graduating from high school. He further requested the modification incorporate a future amount which would reflect the child-support obligation when only one child, C.R.J, would be eligible for support. Roxanne asked for a hearing on the matter and requested the ensuing order reflect the child-support obligation based upon the application of the child-support guidelines. In April 2017, Travis amended his petition to additionally request a modification of the physical-care provisions. Travis requested physical care of M.J. and shared physical care of C.R.J. He argued a substantial change in circumstances had occurred since the entry of the dissolution ...


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.