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In Re the Marriage of Nathan Allen Logemann and Kersten Ashley Logemann Upon the Petition of Nathan Allen Logemann, and Concerning Kersten Ashley Logemann, N/K/A Kersten Ashley Abild
17-0083
| Iowa Ct. App. | Sep 13, 2017
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Background

  • Kersten Abild (formerly Logemann) sought modification of child-support after losing one of her three jobs; she remained employed at a veterinarian and two other positions at the time of hearing.
  • The original dissolution decree establishing support was entered in 2013; Kersten asked the court to reduce child support based on changed employment/earnings.
  • The district court denied modification, finding Kersten failed to present competent evidence of her prior or current net monthly income.
  • The court noted Kersten submitted a child support worksheet but did not provide wage evidence showing how loss of one job affected her overall earnings or ability to pay.
  • Nathan Logemann introduced limited income evidence (some 2016 paystubs and a 2015 W-2), but the record lacked the information necessary to calculate a revised support obligation.
  • Kersten appealed, arguing the district court erroneously found she voluntarily reduced earning capacity and conflated that with intent to deprive the children; the Court of Appeals reviewed de novo.

Issues

Issue Plaintiff's Argument (Kersten) Defendant's Argument (Nathan) Held
Whether there was a substantial change in circumstances warranting modification of child support under Iowa Code § 598.21C Loss of one job and changed employment/earnings justify modification No sufficient proof of changed net income; original support should remain Denied — Kersten failed to prove a substantial change by a preponderance; insufficient income evidence to set new support
Whether Kersten voluntarily reduced earning capacity to defeat support Argued reduction was not intended to deprive children; reduction should not bar modification Court considered voluntariness but found evidentiary failure; Nathan pointed to possible voluntariness Court did not decide voluntariness; ruled modification denied on evidentiary grounds
Whether the record permitted calculation of a new support amount Kersten offered a worksheet but not wage documentation proving incomes then and now Nathan offered some paystubs/W-2s but overall record incomplete No — without current and prior net income evidence a new obligation could not be set
Whether appellate attorney fees should be awarded to Nathan N/A Requested $5,000 for appellate fees, citing needs/merits Denied — court declined fee award due to insufficient financial information and record on needs/ability to pay

Key Cases Cited

  • In re Marriage of Swan, 526 N.W.2d 320 (Iowa 1995) (discusses when reduced earning capacity is treated as voluntary to defeat support obligations)
  • In re Marriage of Walters, 575 N.W.2d 739 (Iowa 1998) (establishes de novo review for child support modification)
  • Spiker v. Spiker, 708 N.W.2d 347 (Iowa 2006) (factors for awarding appellate attorney fees in family-law matters)
  • In re Marriage of Okland, 699 N.W.2d 260 (Iowa 2005) (considers standards for awarding attorney fees on appeal)
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Case Details

Case Name: In Re the Marriage of Nathan Allen Logemann and Kersten Ashley Logemann Upon the Petition of Nathan Allen Logemann, and Concerning Kersten Ashley Logemann, N/K/A Kersten Ashley Abild
Court Name: Court of Appeals of Iowa
Date Published: Sep 13, 2017
Docket Number: 17-0083
Court Abbreviation: Iowa Ct. App.