In Re the Marriage of Jana Ja Van Genderen and Michael Lee Van Genderen Upon the Petition of Jana Ja Van Genderen, petitioner-appellee/cross-appellant, and Concerning Michael Lee Van Genderen, respondent-appellant/cross-appellee.
16-0790
| Iowa Ct. App. | Jun 21, 2017Background
- Jana and Mike Van Genderen divorced after ~7.5 years; Jana received physical care of the children by agreement.
- District court’s dissolution decree divided property, ordered spousal support ($500/month for 36 months), child support ($908.06/month for two children; $657.79 when one remains), and referenced GAL fees by ordering costs to be paid by Michael.
- The district court frequently failed to specify valuations for various assets (personal property, Gendel, Inc., marital residence and shop, certain account appreciations), used outdated documents for values, and refused to consider assets Mike liquidated pretrial.
- Mike appealed property division, spousal support, child support, and allocation of GAL fees; Jana cross-appealed seeking increased spousal/child support and appellate fees.
- On de novo review, the appellate court found the district court’s valuations insufficient, supplied specific valuations and recalculated equalization (modifying the equalization payment to $13,911.87), affirmed spousal and child support orders, and affirmed assessment of the GAL fee to Mike.
Issues
| Issue | Jana's Argument | Mike's Argument | Held |
|---|---|---|---|
| Property division / valuations | District court’s disposition largely fair; Jana challenged only where relevant | District court failed to value assets or used ambiguous/outdated valuations, producing inequitable division | Court found valuations insufficient, supplied specific valuations from record, recalculated equalization, and modified payment to $13,911.87 (affirmed as modified) |
| Spousal support | Jana requested $1,000/mo × 36 months; argued she needs education/time to become self-supporting | Argues no support or lower amount; Jana is immediately employable at $23,000/year | Court affirmed award of $500/mo × 36 months—Jana’s absence from workforce and caretaking justify support and time to obtain comparable employment |
| Child support / imputed income | Jana opposed imputing extra income beyond worksheet ($15,080) | Mike sought to impute $23,000 as Jana’s income and contested guideline calculations | Court affirmed district court’s child support calculation; declined to impute $23,000 and upheld division of exemptions |
| Guardian ad litem (GAL) fees | Jana unable to pay any portion | Mike sought equal division of GAL fees | Court affirmed district court’s exercise of discretion assigning GAL fees to Mike (he requested GAL and had greater ability to pay) |
Key Cases Cited
- In re Marriage of Williams, 589 N.W.2d 759 (Iowa Ct. App. 1998) (standard for de novo equitable review)
- In re Marriage of Brown, 487 N.W.2d 331 (Iowa 1992) (trial court credibility findings entitled to deference)
- Neubauer v. Newcomb, 423 N.W.2d 26 (Iowa Ct. App. 1988) (broad discretion in taxing costs)
- In re Marriage of Gust, 858 N.W.2d 402 (Iowa 2015) (trial court latitude in spousal support review)
- In re Marriage of Bonnette, 584 N.W.2d 713 (Iowa Ct. App. 1998) (importance of specific asset valuations in dissolution decrees)
- In re Marriage of Anliker, 694 N.W.2d 535 (Iowa 2005) (factors for equitable division of marital property)
- In re Marriage of Benson, 545 N.W.2d 252 (Iowa 1996) (attorney fee awards rest in court’s discretion)