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IN THE COURT OF APPEALS OF IOWA No. 6-769 / 03-2097 Filed November 16, 2006 WAYLON R. ARY, Plaintiff, vs. IOWA DISTRICT COURT FOR BENTON COUNTY, Defendant. ________________________________________________________________ IN RE MARRIAGE OF SARA J. ARY AND WAYLON D. ARY Upon the Petition of SARAH J. ARY, Petitioner-Appellee, And Concerning WAYLON D. ARY, Respondent-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Benton County, William L. Thomas, Judge.

Appellant challenges the district court's orders in contempt proceedings. WRIT SUSTAINED IN PART AND ANULLED IN PART.

Waylon Ary, Belle Plaine, pro se. Crystal Usher of Nazette, Marner, Wendt, Knoll & Usher, L.L.P., Cedar Rapids, for appellee. Considered by Sackett, C.J., and Vaitheswaran, J., and Brown, S.J.
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).

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SACKETT, C.J. The district court found Waylon in contempt for his failure to pay certain amounts the court found he was ordered to pay under the 1997 decree dissolving his marriage to his former wife, Sara J. Ary. The court denied Waylon's application to have Sara found in contempt for failing to provide two children for visitation and not allowing Waylon to claim certain of the children as income tax exemptions. The Iowa Supreme Court granted Waylon's petition for a writ of certiorari from this holding. He claims his writ should be sustained because the district court (1) erred in finding his failure to pay was willful, (2) applied an unreasonable punishment, (3) failed to find Sara in contempt for her violations of the decree, and (4) erred in awarding Sara attorney fees. We affirm in part; the writ is annulled in part and affirmed in part. I. Scope of review Contempt proceedings under Iowa Code chapter 598 (2003) are reviewed at law, not de novo. Sulma v. Iowa Dist. Ct., 574 N.W.2d 320, 321 (Iowa 1998); In re Marriage of Swan, 526 N.W.2d 320, 327 (Iowa 1995). The question is whether the district court acted illegally or without jurisdiction. Madyun v. Iowa Dist. Ct., 544 N.W.2d 441, 443 (Iowa 1996). If it is claimed that a ruling is not supported by substantial evidence, we examine the record, not de novo, but to assure ourselves the proper proof supports the judgment. In re Marriage of Spears, 529 N.W.2d 299, 304 (Iowa Ct. App. 1994). We are not bound by the trial court's conclusions of law and may inquire whether the trial court applied erroneous rules of law that materially affect its decision. Id.

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A person who has willfully disobeyed the provisions of a dissolution decree may be found in contempt pursuant to section 598.23(1) (2003). The order creating the duty in question must be clear and unambiguous. See Copic v. Iowa Dist. Ct., 356 N.W.2d 223, 226 (Iowa 1984). The remedies available to the court when a person willfully disobeys a decree include the imposition of sanctions or specific requirements. Iowa Code

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