In Re the Marriage of Joanna L. Stanley and Tyler L. Stanley Upon the Petition of Joanna L. Stanley, N/K/A Joanna L. Linn, and Concerning Tyler L. Stanley
16-1822
Iowa Ct. App.Apr 5, 2017Background
- Joanna and Tyler Stanley divorced in 2013 by stipulated decree granting joint legal custody and placing children in Joanna's physical care; children to remain in Carlisle School District absent mutual agreement.
- After Joanna moved in with her boyfriend (Loren Cramblit) communication and co-parenting deteriorated; Joanna unilaterally enrolled the children in a different district and denied Tyler visitation.
- Tyler initiated contempt and modification proceedings; the court found Joanna violated the decree, ordered jail time (she served three days), and appointed a guardian ad litem.
- Guardian ad litem recommended Tyler receive physical custody; trial court modified the decree granting Tyler sole legal custody and physical care and ordered Joanna to pay $545.07/month child support (imputing $35,000 annual income to Joanna).
- Trial court awarded Tyler $1,000 in trial attorney fees; on appeal court affirmed and ordered Joanna to pay $500 of Tyler’s appellate fees and taxed costs to Joanna.
Issues
| Issue | Plaintiff's Argument (Joanna) | Defendant's Argument (Tyler) | Held |
|---|---|---|---|
| Modification of legal custody | Court erred granting Tyler sole legal custody; joint legal custody should remain | Parents cannot cooperate; Joanna's unilateral decisions and obstruction justify removal of joint legal custody | Affirmed — substantial change: hostility/poor communication; sole legal custody to Tyler is in children's best interests |
| Modification of physical care | Physical-care change unnecessary; Joanna can continue to provide stable home | Joanna's actions, boyfriend's criminal history/behavior, and children’s fear show Tyler better provides stable environment | Affirmed — substantial change; Tyler better able to minister to children’s needs; physical care to Tyler |
| Child support — imputation of income | Court wrongly imputed $35,000/year; Joanna medically unable to work | Joanna voluntarily unemployed/underemployed; record supports imputing income based on employment history | Affirmed — insufficient medical evidence; imputation appropriate under earning-capacity rules |
| Attorney fees (trial & appellate) | Trial fees award to Tyler improper given Joanna's finances; requests her fees on appeal | Tyler prevailed and has superior ability to pay; Joanna’s conduct caused litigation | Affirmed: $1,000 trial fee to Tyler not an abuse of discretion; appellate fees: Joanna ordered to pay $500 to Tyler |
Key Cases Cited
- In re Marriage of McKenzie, 709 N.W.2d 528 (Iowa 2006) (standards for appellate review of custody modification)
- In re Marriage of Walton, 577 N.W.2d 869 (Iowa Ct. App. 1998) (requirement of substantial change in circumstances to modify custody)
- In re Marriage of Frederici, 338 N.W.2d 156 (Iowa 1983) (burden to show superior ability to minister to child’s needs)
- In re Marriage of Rolek, 555 N.W.2d 675 (Iowa 1996) (modification appropriate when parents cannot cooperate in joint legal custody)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (best-interest standard and statutory factors for custody)
- In re Marriage of Malloy, 687 N.W.2d 110 (Iowa Ct. App. 2004) (heavy burden to modify fixed custody)
- In re Marriage of Guyer, 522 N.W.2d 818 (Iowa 1994) (attorney-fee awards in modification actions; consider parties’ ability to pay)
- Spiker v. Spiker, 708 N.W.2d 347 (Iowa 2006) (factors for awarding appellate attorney fees)