In Re the Marriage of Scott Allen Boucher and Cantana Angela Boucher Upon the Petition of Scott Allen Boucher, and Concerning Cantana Angela Boucher
16-0013
| Iowa Ct. App. | Sep 13, 2017Background
- Scott and Cantana Boucher divorced after ~25 years; two children (b.1999, 2010). Scott filed for dissolution in 2013 and moved out; temporary order gave Cantana physical care.
- Multiple continuances occurred; Cantana had four different attorneys during the proceedings. Trial occurred in November 2015; decree entered December 2015.
- At trial both parties were unemployed; the record lacked adequate evidence on identification, valuation, and distribution of assets/liabilities.
- District court attributed $20,000/year income to Scott for child support and ordered spousal support of $200/month to Cantana.
- Cantana appealed, arguing ineffective assistance of counsel, an inequitable property division (claiming Scott depleted family funds), and error in allowing dissolution to proceed while a temporary conservatorship existed. Court of Appeals affirmed and assessed costs to Cantana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Cantana contends counsel’s performance warranted a new trial | Scott/respondent defends decree; district record shows Cantana accepted current counsel at trial | Not preserved (no post-trial motion); generally inadequate representation in civil cases does not justify new trial; claim rejected |
| Property division — economic waste / depletion | Cantana says Scott emptied accounts and failed to pay bills, arguing unfair division | Scott and court note lack of evidence of intentional withholding; both lacked proof of asset depletion; court made equitable division considering earning capacity | On de novo review, court’s division was fair and equitable; affirmed |
| Proceeding while conservatorship in place | Cantana argues Scott shouldn’t have been allowed to prosecute dissolution while under temporary conservatorship | Scott proceeded; conservatorship had been filed by Cantana in 2013 and dismissed five months later | Not preserved (Cantana did not raise issue below); appellate review declined |
| Preservation rule (motion for new trial requirement) | Cantana sought appellate relief for trial counsel errors without moving for new trial | Respondent invokes preservation requirement and Iowa precedent | Court enforces preservation rule; issue not considered on appeal |
Key Cases Cited
- In re Marriage of Gensley, 777 N.W.2d 705 (Iowa Ct. App. 2009) (issues not presented to district court cannot be raised for first time on appeal)
- Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (preservation rule for appellate review)
- In re Marriage of Johnson, 499 N.W.2d 326 (Iowa Ct. App. 1993) (claim of inadequate representation generally not basis for new trial in civil cases)
- In re Marriage of McDermott, 827 N.W.2d 671 (Iowa 2013) (standards for equitable property division)