In RE the Marriage of Rachel A. McDermott and Stephen J. McDermott Upon the Petition of Rachel A. McDermott
2013 Iowa Sup. LEXIS 17
| Iowa | 2013Background
- Stephen and Rachel McDermott married in 1997; farming assets dominated marital estate; Irwin and Patrick McDermott farms involved; Stephen contributed nonmonetary and familial transfers; parties stipulated to joint custody and no alimony; district court awarded large equalization payment and specific tax and health-insurance provisions.
- Farm assets (Irwin and Patrick farms) classified as marital; gifted/inherited status analyzed with adoption of joint ownership; value determined largely from stipulated asset values; equalization payment designed to balance disparate asset awards.
- District court ordered Stephen to pay Rachel $1,087,716 as equalization, with options for installments and no interest; health-insurance cost sharing was misapplied; extracurricular expenses placed on both parents under offset method.
- Court of Appeals reduced equalization to $250,000, and addressed tax consequences and equity concerns; Supreme Court vacated appellate ruling and affirmed district court as modified.
- Court considered preservation of family farming operation as a factor, but concluded near-equal distribution appropriate; court allowed one-half health-insurance deduction for Stephen and remanded for proper order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equity of the property division | Stephen argues gifts/advances were not marital property | Rachel contends farm assets were properly marital and valued fairly | Distribution affirmed; equalization payment upheld under equity factors |
| Tax consequences in property division | Stephen asserts tax impacts should discount asset value | Court properly considered tax effects; no sale required | Tax considerations affirmed as part of division |
| Child support calculation | Stephen challenges inclusion of timber sale; depreciation adjustments | Rachel argues guidelines apply; health insurance offset and costs proper | Guidelines upheld with offset method; Stephen's depreciation recalculation and health-insurance deduction adjusted |
| Extracurricular expenses | Disagreement over sharing costs; Stephen argues discretionary limits | Extracurriculars fall within child-support framework | Equal sharing of extracurricular expenses affirmed |
| Attorney fees on appeal | Stephen seeks appellate fees; argues merits differ | Rachel seeks fees? not explicit here | No appellate fees awarded to either party |
Key Cases Cited
- In re Marriage of Schenkelberg, 824 N.W.2d 481 (Iowa 2012) (de novo review of property distribution in dissolution)
- In re Estate of Rogers, 473 N.W.2d 36 (Iowa 1991) (interpretation of testator intent and will construction)
- In re Marriage of Goodwin, 606 N.W.2d 315 (Iowa 2000) (consideration of gifts/inheritances in property division)
- In re Marriage of Friedman, 466 N.W.2d 689 (Iowa 1991) (tax consequences when asset sale contemplated in division)
- In re Marriage of Okland, 699 N.W.2d 260 (Iowa 2005) (guidelines deviation for extracurriculars and school-related costs availability)
