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, 2017Background
- 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)
