Preview:

IN THE COURT OF APPEALS OF IOWA No. 7-921 / 07-1081 Filed December 28, 2007

IN RE THE MARRIAGE OF JUDY SMOCK AND CHARLES DEAN SMOCK Upon the Petition of JUDY SMOCK, Petitioner-Appellee, And Concerning CHARLES DEAN SMOCK, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Black Hawk County, Jon C. Fister, Judge.

Husband appeals from the spousal support and division-of-pension economic provisions of dissolution decree. AFFIRMED.

John Walker of Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C., Waterloo, for appellant. Cheryl Weber of Dutton, Braun, Staack, Hellman, P.L.C, Waterloo, for appellee.

Considered by Sackett, C.J., and Vaitheswaran and Baker, JJ.

2 BAKER, J. Charles Dean Smock appeals from the spousal support and division-ofpension economic provisions of his decree of dissolution of marriage. On de novo review, we find the district court's resolution is equitable in all respects and therefore affirm. I. Background and Facts Charles Dean and Judy Smock were married on July 7, 1973. The marriage was dissolved by decree on May 23, 2007. Two children, who were adults at the time of dissolution, were born of the marriage. Dean, born on October 20, 1953, is a firefighter, from which he earns approximately $50,000 annually. In the past, he has earned up to $4500

annually from his woodworking and construction business. Dean has a pension from the Municipal Fire and Police System of Iowa. His future pension benefit will be based on his length of service and income. Judy, born on February 6, 1954, did not work outside the home during the first part of the marriage. She began working in 1986, and has earned as much as $21,840 annually. She currently works for a company owned by her brother, and earns approximately $20,000 annually. The district court awarded Judy "an amount equal to 50% of a fraction of [Dean's] pension," cost of living increases, and 75% survivor benefits. The court also awarded "something that has similarities to both rehabilitative and traditional" spousal support of $750 per month until Dean's death or her first payment from his pension plan, whichever occurs first. The court awarded Dean the majority of the marital assets, including the marital residence, and ordered he

3 pay Judy $32,000 to balance the property division. Dean appeals the spousal support and the division-of-pension provisions of the decree. II. Merits We conduct a de novo review of dissolution of marriage proceedings. Iowa R. App. P. 6.4; In re Marriage of Smith, 573 N.W.2d 924, 926 (Iowa 1998). We accord the district court considerable latitude and will disturb the court's spousal support and property distribution determinations only when there has been a failure to do equity. In re Marriage of Schriner, 695 N.W.2d 493,

496 (Iowa 2005); In re Marriage of Anliker, 694 N.W.2d 535, 540 (Iowa 2005). This deference to the trial court's determination is decidedly in the public interest. When appellate courts unduly refine these important, but often conjectural, judgment calls, they thereby foster appeals in hosts of cases, at staggering expense to the parties wholly disproportionate to any benefit they might hope to realize. In re Marriage of Benson, 545 N.W.2d 252, 257 (Iowa 1996). A. Spousal Support Dean first contends the district court erred in awarding Judy monthly spousal support of $750, which would not terminate until he retires from his employment as a firefighter. He cites no case authority, however, in support of this issue. By failing to cite any authority, Dean has waived this issue, and we decline to consider it on appeal. See Iowa R. App. P. 6.14(1)(c) ("Failure in the brief to state, to argue, or to cite authority in support of an issue may be deemed waiver of that issue."). Even if not waived, we would have found his assertion to be without merit on this record. Given the length of the marriage and the

disparity in earning capacities, the court's award of spousal support was equitable. See In re Marriage of Brown, 462 N.W.2d 683, 684-85 (Iowa Ct. App.

4 1990) (noting relevant considerations in granting spousal support include the length of the marriage and the parties' earning capacities (citing Iowa Code

Download IN RE THE MARRIAGE OF JUDY SMOCK AND CHARLES DEAN SMOCK Upon the Petition of JUD

Iowa Law