Brian W. Thul v. Iowa District Court for Kossuth County
15-1457
| Iowa Ct. App. | Oct 12, 2016Background
- Thul and Susan Thul divorced in May 2015; Susan received alimony of $2000/month, an IRA (~$113,249), and a property settlement of $762,500 payable as $250,000 upfront plus ten equal annual payments.
- In June 2015, Brian appealed the divorce decree, sought a stay of obligations, and requested a supersedeas bond; district court set bond at $490,100 and denied a stay.
- Susan filed an show-cause motion on June 17 alleging breach of alimony, retirement benefits, and property settlement provisions; evidence showed Brian paid only $1000 of $2000 due in June and made no other alimony or asset transfers.
- Brian argued his conduct was not willful because he was attempting to obtain a stay and post a bond; the district court found contempt for violating the decree.
- Brian’s petition for certiorari challenging the contempt ruling was granted; proceedings were stayed by the Iowa Supreme Court, and the appellate review focused on legal error and statutory standards for contempt and stay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Brian in contempt for violating alimony and property settlement orders? | Thul argues stay/bond efforts negate willfulness. | Thul acknowledges breach but contends good faith stay efforts should negate contempt. | Yes, in contempt; failure to pay alimony and to satisfy retirement/settlement despite no timely stay. |
| Did the lack of a posted supersedeas bond or stay permit contempt enforcement during appeal? | Bond/stay were not posted timely; contempt appropriate. | Contempt may be proper when no bond or stay is obtained. | Contempt proper; several months elapsed with no timely bond or stay. |
Key Cases Cited
- Lutz v. Darbyshire, 297 N.W.2d 349 (Iowa 1980) (stay matters and contempt when no supersedeas bond)
- McGee v. Damstra, 431 N.W.2d 375 (Iowa 1988) (willfulness assessed with bond/stay efforts)
- Heishman v. Jenkins, 372 N.W.2d 506 (Iowa 1985) (consider good-faith efforts in contempt analysis)
- Ary v. Iowa Dist. Ct., 735 N.W.2d 621 (Iowa 2007) (review for correction of legal error; stay and contempt framework)