In Re the Marriage of Cara Lynn Matteson and Taylor Bryce Matteson Upon the Petition of Cara Lynn Matteson, and Concerning Taylor Bryce Matteson
16-0401
| Iowa Ct. App. | Jan 25, 2017Background
- Taylor and Cara Matteson divorced after an eight-year marriage; they have two children (born 2010, 2012). Parties separated in 2014; Cara moved to Marion, Taylor stayed in Manchester.
- Temporary order gave joint physical care (Cara 4 days/week; Taylor 3 days/week); temporary child support and spousal support were ordered.
- At trial (Oct 2015) Taylor earned about $63,174/year; Cara worked part time (~$15,000/year) and was returning to school for teaching credentials.
- District court awarded joint legal custody, physical care to Cara, child support ($1,104.27/month), spousal support ($1,000/month for 30 months), split retirement accounts equally, allocated premarital accounts to Cara, and ordered Taylor to pay $6,000 of Cara's trial attorney fees.
- On appeal the court affirmed custody, child support, spousal support, dependency exemption split, and trial attorney-fee award; it modified visitation (increased summer time to four weeks) and adjusted property division to give Taylor his Edward Jones IRA.
Issues
| Issue | Plaintiff's Argument (Taylor) | Defendant's Argument (Cara) | Held |
|---|---|---|---|
| Physical care | Court should continue joint physical care from temporary order or award physical care to Taylor | Cara better suited as primary physical caregiver; Taylor undermined her relationship with children | Physical care awarded to Cara (joint legal custody retained); joint physical care inappropriate due to conflict, communication issues, and past caregiving |
| School decision authority | As joint legal custodian Taylor contends he has equal participation and should influence school choice | Cara, as physical-care parent, should have final say when parents disagree | Cara has final decision on where children attend school |
| Visitation schedule | Seeks more midweek overnight visits and additional summer time | District schedule adequate but limited by best interests | Affirmed alternating weekends + midweek evening (when not weekend), alternating holidays; modified to grant Taylor four weeks summer visitation (two 2-week blocks) |
| Child support & income imputation | Argues court miscalculated; sought higher imputation to Cara and lower annualized income for himself | Court used Cara's current realistic income (~$15,000) and Taylor's annual income (~$63,174) | Child support calculation affirmed; court's income findings supported by record |
| Property division | Challenges designation of $76,779.20 as Cara's premarital assets and claims Edward Jones IRA was his premarital asset | District court treated some accounts as premarital to Cara and divided retirement equally | Modified property division to award Edward Jones IRA to Taylor; otherwise affirmed equitable distribution |
| Spousal support | Argues no spousal support necessary because Cara can support herself (higher earning capacity) | Support needed to complete education and obtain stable employment | Spousal support of $1,000/month for 30 months affirmed (concurring judge would shorten/step-down) |
| Attorney fees (trial & appeal) | Challenges trial fee award and seeks reversal of fee obligation; requests appellate fees | Cara sought contribution to trial fees and appellate fees | District court's $6,000 trial fee award to Cara affirmed; no appellate fees awarded to either party |
Key Cases Cited
- In re Marriage of Fennelly, 737 N.W.2d 97 (Iowa 2007) (standard for de novo review and factors for property division)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (parental support of other's relationship and joint physical-care factors)
- In re Marriage of Hoffman, 867 N.W.2d 26 (Iowa 2015) (physical-care parent’s authority on home/school decisions)
- In re Marriage of Okland, 699 N.W.2d 260 (Iowa 2005) (allocation of tax dependency exemptions and equitable considerations)
- In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (marital estate includes premarital property and how premarital status factors into division)
