In Re the Marriage of John Michael McKimmy and Crystal Lynne McKimmy Upon the Petition of John Michael McKimmy, and Concerning Crystal Lynne McKimmy
16-0872
Iowa Ct. App.Feb 8, 2017Background
- John and Crystal McKimmy separated in 2014 after a 15‑year marriage; two children (14 and 10 at trial) had lived with the maternal grandmother for about ten years due to Crystal’s mental‑health struggles.
- During the dissolution, the parties stipulated the grandmother would care for the children, John would have weekend visitation, and John paid the grandmother monthly child support.
- Visitation was often contentious: children sometimes ran away from John’s (or his father’s) home and the grandmother refused to return them; adults around the children encouraged them to choose whether to visit John.
- Crystal has significant mental‑health diagnoses and receives $733/month in SSI; she had unstable housing and planned to live with her mother. John is a truck driver who earned about $41,824 in 2015 but anticipated reducing overtime if he had physical care.
- The district court awarded physical care to John, denied spousal support to Crystal, ordered Crystal to pay $20/month child support, and required John to provide health insurance and pay uncovered medical expenses. The court noted it could not place the children with the grandmother because she had not intervened and the court had not found both parents unfit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Physical care of children | Crystal: she should receive physical care | John: award him physical care; children have lived apart from parents for years | Court awarded physical care to John (district court affirmed) |
| Placement with maternal grandmother | Crystal: alternatively place children with grandmother | John: grandparents did not intervene and parents presumed fit | Court declined; placing non‑party requires finding both parents unfit and record did not support that finding |
| Spousal support | Crystal: disability and SSI justify support (or at least nominal support to protect against benefit loss) | John: modest income and primary child support burden make spousal support inappropriate | Court denied spousal support due to John’s limited ability to pay and child support obligations |
| Appellate attorney fees | Crystal: needs award of fees | John: (opposes) | Court declined to award appellate attorney fees |
Key Cases Cited
- In re Marriage of Mitchell, 531 N.W.2d 132 (Iowa 1995) (grandparents may intervene in dissolution on custody issue)
- In re Marriage of Reschly, 334 N.W.2d 720 (Iowa 1983) (custody to nonparents appropriate only when parental presumption of suitability is rebutted)
- McKee v. Dicus, 785 N.W.2d 733 (Iowa Ct. App. 2010) (standard of de novo review in child custody appeals)
- In re Marriage of Gust, 858 N.W.2d 402 (Iowa 2015) (spousal‑support decisions are fact‑specific)
- In re Marriage of Woodward, 426 N.W.2d 668 (Iowa Ct. App. 1988) (declining spousal support when obligor lacks income beyond children’s needs)
- In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (factors for awarding appellate attorney fees in dissolution appeals)