Preview:

IN THE COURT OF APPEALS OF IOWA No. 2-302 / 11-1371 Filed June 13, 2012

IN RE THE MARRIAGE OF JOANN LEA DECOOK AND GARY LEE DECOOK Upon the Petition of JOANN LEA DECOOK, Petitioner-Appellant, And Concerning GARY LEE DECOOK, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Mahaska County, Daniel P. Wilson, Judge.

A wife appeals (A) the spousal support provision of a dissolution decree, (B) the district court's imputation of income to her for purposes of calculating child support, and (C) the district court's allocation of uncovered medical expenses. AFFIRMED AS MODIFIED.

David D. Dixon of Heslinga, Dixon, Moore & Hite, Oskaloosa, for appellant. Greg A. Life of Life Law Office, Oskaloosa, for appellee.

Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ.

2 VAITHESWARAN, P.J. Joann DeCook appeals (A) the spousal support provision of a dissolution decree, (B) the district court's imputation of income to her for purposes of calculating child support, and (C) the district court's allocation of uncovered medical expenses. I. Background Facts and Proceedings Gary and Joann DeCook married in 1979 and divorced almost thirty-two years later. They had three children, one of whom was still a minor at the time of the divorce. The teen lived with Joann while the dissolution action was pending, and the parents agreed Joann would continue to serve as primary physical caretaker following the dissolution. Gary was fifty-five years old at the time of trial, with a high school education. Gary had no health concerns. He had worked at a manufacturing plant for over eighteen years and, at the time of trial, was earning $17.06 per hour. His hours varied, resulting in fluctuating earnings in the range of $24,000 to $51,000 annually during the previous five years.1 Gary projected that he

would earn between $41,000 and $44,000 in 2011, and the district court found he earned $40,000 annually. Joann was fifty years old at the time of trial and had a high school education with one year of post-high school cosmetology training. She held

various jobs during the marriage, including a position at the plant where her husband worked and a position as secretary and bookkeeper at a seed company. The most she earned was $11 per hour.
1

This range does not include 2008, for which the parties lost their income tax returns.

3 In 2010, Joann left her job with the seed company after five years. Although there was some disagreement about her reason for leaving, Joann testified she could not handle the position any longer due to chronic back pain. Joann sought and obtained various forms of treatment to manage the pain. She discontinued all treatment in April 2009, out of apparent frustration with conflicting medical diagnoses and a failure on the part of some health care professionals to take her complaints seriously. At the time of trial, she had also discontinued all medication, not because the pain had subsided but, again, out of apparent frustration. Following trial of the dissolution action, the district court awarded Joann rehabilitative spousal support of $300 per month until her now seventeen-yearold daughter graduated from high school or turned nineteen. The court also ordered Gary to pay Joann child support of $550 per month, after imputing to Joann annual income of $13,065. The court next required Gary to provide health insurance for the child, and required the parents to equally divide any uncovered medical expenses attributable to the child. The court divided the parties' minimal assets and ordered Gary to pay Joann $28,617.50 as an equalization payment through a distribution of his 401(k) retirement plan. Joann appealed. II. Analysis A. Spousal Support Spousal support or alimony is a stipend to a spouse in lieu of the other spouse's legal obligation for support. In re Marriage of Anliker, 694 N.W.2d 535, 540 (Iowa 2005). This appeal raises a choice between traditional spousal

support, payable for life or so long as a spouse is incapable of self-support, or

4 rehabilitative spousal support, payable through a limited period of reeducation or retraining. See id. at 540

Download IN RE THE MARRIAGE OF JOANN LEA DECOOK AND GARY LEE DECOOK Upon the Petition of

Iowa Law