In re the Marriage of Cannon
21-0322
| Iowa Ct. App. | Mar 30, 2022Background
- Parties married in 2001; one adult child; premarital agreement showed husband substantially wealthier.
- Husband inherited substantial assets from his parents (post-2017); parties’ combined net worth estimated between $3.2M and $3.7M.
- Wife employed with gross annual income ≈ $49,000 (≈ $3,500 net/month); husband relies largely on investment income, inherited assets, and modest campground income; employment income estimates conflicted.
- Temporary hearing conducted on affidavits only pursuant to Iowa Code §598.11; district court awarded $6,000/month temporary spousal support and $5,000 temporary attorney fees.
- Husband appealed the temporary spousal support; district court made no express findings on husband’s income; appellate review was de novo.
Issues
| Issue | Plaintiff's Argument (Wife) | Defendant's Argument (Husband) | Held |
|---|---|---|---|
| Whether $6,000/month temporary spousal support was appropriate | Wife asserted need to maintain established lifestyle; expert estimated $102,000 investment income plus ~$67,000 employment income for husband | Husband said his employment income is low (~$16,800) and overall ability to pay is limited | Reduced support to $3,000/month; $6,000 was excessive and not tethered to incomes and tax consequences |
| How to determine husband's income from affidavits when trial court made no findings | Wife urged court to adopt her expert’s estimates (investment + employment) | Husband disputed those estimates and presented lower figures and limited property income | Appellate court reviewed de novo, gave wife benefit of doubt on estimates but still found support excessive; noted trial court’s failure to make income findings |
| Retroactivity and remedy for any overpayment due to reduction | Wife did not prevail on maintaining higher award | Husband sought reduction and adjustment of past obligations | Modification is retroactive; district court to determine appropriate method to recoup any overpayment (including accounting at final distribution) |
| Allocation of appellate costs | Wife sought relief and maintained award | Husband sought relief on appeal | Costs on appeal assessed to wife |
Key Cases Cited
- In re Marriage of Hayne, 334 N.W.2d 347 (Iowa Ct. App. 1983) (spousal support should not destroy payor’s ability to enjoy at least a comparable standard of living)