In Re the Marriage of Travis Sisson and Alfronia Sisson Upon the Petition of Travis Sisson
843 N.W.2d 866
| Iowa | 2014Background
- Dissolution of marriage between Travis Sisson and Alfronia Sisson occurred in 2008; decree awarded joint custody, child support ($1020/month), and rehabilitative spousal support ($1500 for 18 months then $500 for 74 months).
- Alfronia planned to return to work after divorce, but did not pursue cosmetology; instead she worked for Younkers, earning around $40,000 pre-divorce and about $18,000 at modification time.
- Alfronia was diagnosed with GK multiple myeloma in Oct 2009, with life expectancy generally five to seven years; doctors projected possible continued work for several years but eventual deterioration.
- In 2011, Travis sought modification to obtain sole physical care and reduced child support; Alfronia cross-petitioned to increase alimony and child support; in 2012 the district court modified spousal support to $2100/month for life, and required Travis to pay half of unreimbursed medical expenses.
- Court of Appeals affirmed some aspects and awarded Alfronia appellate fees; this court granted review to consider whether the modification was proper in light of Alfronia’s cancer and other factors.
- The Iowa Supreme Court vacated the appellate decision and, on modification, increased spousal support to $1600/month for life, struck the shared medical expense provision, and upheld retroactivity to March 15, 2012; it also affirmed denial of the custody modification and awarded Alfronia appellate fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial change in circumstances justifies modifying spousal support. | Sisson contends no substantial, permanent change. | Sisson argues the cancer and life expectancy justify modification. | Yes; substantial change established to modify support. |
| Whether permanent spousal support is appropriate given Alfronia’s health and life expectancy. | Sisson argues against permanent, life-long alimony. | Sisson’s health decline and reduced earning capacity justify lifelong support. | Yes; permanent support warranted. |
| Whether retirement and savings assets can be used as current support to justify modification. | Sisson argues assets should not offset ongoing alimony. | Alfronia's assets may be used to meet current needs given shortened life expectancy. | Yes; retirement and savings funds considered to meet current needs. |
| Whether alimony should terminate upon remarrying or be retroactive to modification filing. | Sisson argues remarrying could terminate, retroactivity disputed. | Remarriage may terminate; retroactivity appropriate. | Alimony may be terminated by remarriage; retroactivity upheld to 3/15/2012. |
| Whether district court's allocation of medical expenses is proper. | Sisson challenged sharing future medical costs. | Alimony should cover ongoing medical costs; district court properly allocated. | Removed; future medical expense sharing struck. |
Key Cases Cited
- Mears v. Mears, 213 N.W.2d 511 (Iowa 1973) (modification governed by substantial change in circumstances)
- In re Marriage of Wessels, 542 N.W.2d 486 (Iowa 1995) (extreme change can convert rehabilitative to permanent alimony)
- In re Marriage of Marshall, 394 N.W.2d 392 (Iowa 1986) (cancer as potential basis for modification in some cases)
- In re Marriage of Olson, 705 N.W.2d 312 (Iowa 2005) (permanent alimony when self-support unlikely over time)
- In re Marriage of Shima, 360 N.W.2d 827 (Iowa 1985) (remarriage generally terminates traditional alimony)
