In Re the Marriage of Amanda Jo Wilson and Ryan Eugene Wilson Upon the Petition of Amanda Jo Wilson, and Concerning Ryan Eugene Wilson
16-1114
Iowa Ct. App.Mar 8, 2017Background
- Amanda and Ryan Wilson divorced after ~9 years; three minor children (10, 8, 6 at trial). Amanda filed for dissolution in July 2014.
- Amanda was primary caregiver for most of the marriage; limited workforce history since children were born. Ryan worked as a journeyman lineman with substantially higher earnings but was on layoff at trial.
- In July 2014 Amanda moved with the children to Pennsylvania without notifying Ryan; he later obtained a temporary injunction and returned the children to Iowa, where he assumed physical care.
- The children were settled and performing well in the Brooklyn (BGM) school district under Ryan’s care at the time of trial; Amanda lived in Pennsylvania for over a year and returned to Iowa in Sept. 2015.
- The district court awarded physical care to Ryan, denied spousal support; court ordered equalization payment and some attorney fees. Amanda appealed custody and denial of spousal support and sought appellate fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joint physical care is appropriate | Amanda: joint care appropriate — both can care and communicate; agree on parenting | Ryan: joint care unworkable due to distance and strained communications | Joint physical care denied; instability, conflict, and geographic separation make joint care not in children’s best interests; physical care awarded to Ryan |
| Which parent should have physical care | Amanda: should have physical care or joint care given prior caregiving role | Ryan: children are settled with him; he provides structure and stability | Physical care awarded to Ryan — children’s stability in current school/community and improved parenting by Ryan weigh in his favor |
| Whether rehabilitative spousal support should be awarded | Amanda: entitled to rehabilitative alimony to obtain education/training due to long absence from workforce and income disparity | Ryan: award improper because Amanda cohabits/fiancé supports her and she has not sought full-time work | Modified: Rehabilitative spousal support awarded $1,000/month for four years to permit Amanda to attain self-sufficiency |
| Appellate attorney fees | Amanda: requests fees | Ryan: opposed | Court awards Amanda $2,000 in appellate attorney fees |
Key Cases Cited
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (framework for physical-care and joint physical-care factors)
- In re Marriage of Winter, 223 N.W.2d 165 (Iowa 1974) (best-interest standard for custody)
- In re Marriage of Kleist, 538 N.W.2d 273 (Iowa 1995) (de novo review in equity cases and tailoring decisions to facts)
- In re Marriage of Murphy, 592 N.W.2d 681 (Iowa 1999) (goal of placing children in environment likely to promote health and maturity)
- In re Marriage of Schenkelberg, 824 N.W.2d 481 (Iowa 2012) (spousal support is discretionary and fact-specific)
- In re Marriage of Francis, 442 N.W.2d 59 (Iowa 1989) (rehabilitative alimony purpose: limited support to enable self-sufficiency)
Decision: Affirmed as modified — custody to Ryan; rehabilitative spousal support $1,000/month for four years; summer visitation modified to four weeks; $2,000 appellate fees awarded.