In Re the Marriage of Timothy Wayne Schumacher and Mary Schumacher Upon the Petition of Timothy Wayne Schumacher, petitioner-appellant/cross-appellee, and Concerning Mary Schumacher, respondent-appellee/cross-appellant.
17-0238
| Iowa Ct. App. | Aug 16, 2017Background
- Timothy and Mary Schumacher married in 2007 and have three children together (born 2007, 2010, 2012); Mary also has a child from a prior marriage living in the home.
- Mary filed a petition for relief from domestic abuse in May 2015; a temporary protective order issued but was later dismissed after a hearing finding no assault and no ongoing threat.
- Timothy filed for dissolution seeking joint legal custody and physical care; after temporary hearings the children were placed with Mary.
- Four-day trial on dissolution occurred in April 2016; the district court issued a detailed written ruling granting Mary physical care, denying spousal support, and denying Mary’s request for trial attorney fees.
- Both parties appealed: Timothy challenged the physical-care award to Mary; Mary cross-appealed denial of spousal support and trial attorney fees and sought appellate fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Physical care of children | Timothy: children should be placed in his physical care; court’s reasoning unsupported by record | Mary: she historically provided primary care; continuity favors her | Court affirmed placement with Mary — court’s factual findings and credibility determinations supported award to Mary |
| Spousal support | Mary: court miscalculated incomes and abused discretion in denying $1,500/month | Timothy: property division and income picture do not warrant support | Court affirmed denial — property division and income evidence show Mary can be self-supporting |
| Trial attorney fees | Mary: should be awarded fees given needs and ability to pay | Timothy: fees not warranted | Court affirmed denial — no abuse of discretion in declining fees |
| Appellate attorney fees | Mary: requests fees on appeal | Timothy: opposes | Court denied appellate fees after weighing need and ability to pay |
Key Cases Cited
- In re Marriage of Witten, 672 N.W.2d 768 (Iowa 2003) (de novo review of dissolution with weight given to trial court credibility findings)
- In re Marriage of Wessel, 520 N.W.2d 308 (Iowa Ct. App. 1994) (child's best interests govern custody decisions)
- In re Marriage of Knight, 507 N.W.2d 728 (Iowa Ct. App. 1993) (goal is environment aiding healthy maturity)
- In re Marriage Winter, 223 N.W.2d 165 (Iowa 1974) (factors relevant to custody determinations)
- In re Marriage of Schenkelberg, 824 N.W.2d 481 (Iowa 2012) (spousal support is discretionary and fact-dependent)
- In re Marriage of Olson, 705 N.W.2d 312 (Iowa 2005) (spousal support not an absolute right)
- In re Marriage of McLaughlin, 526 N.W.2d 342 (Iowa Ct. App. 1994) (alimony and property division evaluated together)
- In re Marriage of Applegate, 567 N.W.2d 671 (Iowa Ct. App. 1997) (factors for awarding attorney fees include parties' abilities to pay)