In Re the Marriage of Erenia Dolores Arevalo and Edgar Sifredo Arevalo-Luna Upon the Petition of Erenia Dolores Arevalo, and Concerning Edgar Sifredo Arevalo-Luna
16-1326
| Iowa Ct. App. | Sep 13, 2017Background
- Erenia Arevalo and Edgar Arevalo-Luna married ~14.5 years; three children (twins b.1999, youngest b.2005). Court awarded Erenia physical care and Edgar pays $1,066/month child support for those children; Edgar also pays $920/month for three children from other relationships.
- Erenia (born 1966, limited formal education) worked intermittently, most recently in part‑time school food service and McDonald’s; 2015 gross earnings ~$15,966 and net (with tax refund) nearly $23,000.
- Edgar (born 1974, more education) worked two full‑time jobs; 2015 combined income ~$65,599 and has IPERS pension accruals. He has substantial child‑support obligations reducing current disposable income.
- At dissolution the only contested issue was spousal support; Erenia sought $400/month beginning June 1, 2018, increasing to $1,000/month in 2024 (permanent thereafter). The district court denied spousal support; Erenia appealed and sought $1,500 in appellate fees.
- The district court’s property division required Edgar to quitclaim the marital home (already foreclosed), pay a medical bill (~$4,757), and split marital IPERS accruals under Benson; it denied spousal support on multiple grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether spousal support should be awarded | Arevalo argued she is economically dependent, worked intermittently caring for children, has low earning capacity, and needs support that ramps up as Edgar’s child‑support obligations decrease | Edgar (pro se) suggested the court should do what is fair; noted limited ability to pay while high child‑support obligations exist | Court awarded spousal support: $400/month starting June 1, 2018, increasing to $600/month after youngest child graduates; no durational limit except remarriage or death (i.e., effectively permanent) |
| Appellate attorney fees | Arevalo requested $1,500 in appellate fees given her financial need and success on appeal | Edgar’s ability to pay is limited by obligations; court should exercise discretion | Denied: court found modification provides Adequate means for Arevalo to pay her own appellate fees and declined to award fees |
Key Cases Cited
- In re Marriage of Anliker, 694 N.W.2d 535 (Iowa 2005) (standard of review for spousal‑support determinations)
- In re Marriage of Witherly, 867 N.W.2d 856 (Iowa Ct. App. 2015) (types of spousal support are not mutually exclusive)
- In re Marriage of Becker, 756 N.W.2d 822 (Iowa 2008) (court must consider statutory factors rather than rigid labels for support)
- In re Marriage of Will, 489 N.W.2d 394 (Iowa 1992) (child‑support obligation may be considered when awarding alimony)
- In re Marriage of Gust, 858 N.W.2d 402 (Iowa 2015) (discussing durational considerations and increasing spousal support as child‑support obligations decline)
- In re Marriage of Van Ryswyk, 492 N.W.2d 728 (Iowa Ct. App. 1992) (approving spousal‑support increases tied to reductions in child support)
- In re Marriage of Wendell, 581 N.W.2d 197 (Iowa Ct. App. 1998) (need and ability guide traditional alimony)
- In re Marriage of Hazen, 778 N.W.2d 55 (Iowa Ct. App. 2009) (property division’s effect on spousal support equity)
- In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (appellate attorney fees are discretionary; factors include need and ability to pay)
- In re Marriage of Okland, 699 N.W.2d 260 (Iowa 2005) (factors for awarding appellate fees)
- In re Marriage of Benson, 545 N.W.2d 252 (Iowa 1996) (method for dividing pension/IPERS benefits)
