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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
2013
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Background

  • 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)
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Case Details

Case Name: In RE the Marriage of Rachel A. McDermott and Stephen J. McDermott Upon the Petition of Rachel A. McDermott
Court Name: Supreme Court of Iowa
Date Published: Mar 1, 2013
Citation: 2013 Iowa Sup. LEXIS 17
Docket Number: 11–0445
Court Abbreviation: Iowa