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Laws-info.com » Cases » Iowa » Court of Appeals » 2010 » IN RE THE MARRIAGE OF SUE ELLEN RILEY AND CHARLES HAYDEN RILEY Upon the Petition of SUE ELLEN RILEY, Petitioner-Appellee/Cross-Appellant, And Concerning CHARLES HAYDEN RILEY, Respondent-Appellant/Cros
IN RE THE MARRIAGE OF SUE ELLEN RILEY AND CHARLES HAYDEN RILEY Upon the Petition of SUE ELLEN RILEY, Petitioner-Appellee/Cross-Appellant, And Concerning CHARLES HAYDEN RILEY, Respondent-Appellant/Cros
State: Iowa
Court: Court of Appeals
Docket No: No. 0-693 / 10-0674
Case Date: 10/06/2010
Preview:IN THE COURT OF APPEALS OF IOWA No. 0-693 / 10-0674 Filed October 6, 2010 IN RE THE MARRIAGE OF SUE ELLEN RILEY AND CHARLES HAYDEN RILEY Upon the Petition of SUE ELLEN RILEY, Petitioner-Appellee/Cross-Appellant, And Concerning CHARLES HAYDEN RILEY, Respondent-Appellant/Cross-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.

Respondent appeals and petitioner cross-appeals from the district court ruling dissolving the parties' marriage. AFFIRMED.

William H. Habhab, Fort Dodge, for appellant. Veronica Kirk, Iowa Legal Aid, Des Moines, for appellee.

Considered by Sackett, C.J., and Potterfield and Tabor, JJ.

SACKETT, C.J. Charles Riley appeals from the March 22, 2010, decree dissolving his marriage to Sue Riley. Charles contends he should not have been required to pay his wife of twenty-two years alimony. Sue contends that the property division was not equitable. We affirm. I. Scope of Review. This is an equitable proceeding, our review is de novo. Iowa R. App. P. 6.907 (2009). In such proceedings, we give weight to the district court's findings of fact, especially when considering the credibility of the witnesses. In re Marriage of Anliker, 694 N.W.2d 535, 539 (Iowa 2005).

However, we are not bound by those findings. Id. II. Background. Charles and Sue were married in November of 1989. They had three children, twin girls born in March of 1990, and a son born in September of 1992. The parties were awarded joint legal custody of their son and Sue was granted primary physical care. Charles was ordered to pay child support of $370 a month and in addition cash medical support of ninety-six dollars. The court found neither party could afford health care insurance for themselves or for their son and none was available from Charles's employer. The court divided the parties' property and debt and ordered Charles to pay Sue alimony of one dollar a month so long as he was obligated to pay child support. After the child support obligation expired, the court ordered the alimony increase to $300 a month payable for a term of four years but not to extend beyond June 1, 2015.

III. Alimony. Charles contends that he should not be required to pay Sue alimony. We disagree. Spousal support is provided for under Iowa Code section 598.21A (2009). Whether spousal support is justified is dependent on the facts of each case. See In re Marriage of Fleener, 247 N.W.2d 219, 220 (Iowa 1976). Entitlement to spousal support is not an absolute right. Id. In assessing

Charles's challenge to the alimony, we look at all the factors of section 598.21A(1) and applicable case law. See In re Marriage of Francis, 442 N.W.2d 59, 62-63 (Iowa 1989). The economic provisions of a dissolution decree are based on a number of factors, including the length of the marriage, the age and health of the parties, the parties' earning capacities, the levels of education, and the likelihood the party seeking alimony will be self-supporting at a standard of living comparable to the one enjoyed in the marriage. Iowa Code
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