In re the Marriage of Boysen
978 N.W.2d 97
Iowa Ct. App.2022Background
- Marriage dissolution proceedings between Ann Marie Boysen (petitioner/appellee) and Chad William Boysen (respondent/appellant); appeal challenges a temporary financial order.
- District court entered temporary joint legal and physical custody for three children (oldest declined to visit Ann).
- Court found 2020 incomes: Chad $61,690 (from Boysen Grain & Livestock, director fees, rental income, and gun business); Ann $45,678 (school nurse/CTE instructor).
- Court ordered Chad to pay $75/month child support, $1,000/month temporary spousal support, and $2,500 toward Ann’s temporary attorney fees.
- Record consisted mainly of affidavits and support worksheets; parties disputed whether to use 2020 income or average income over three years and whether to impute higher income to Ann or credit cohabitant contributions.
Issues
| Issue | Plaintiff's Argument (Ann) | Defendant's Argument (Chad) | Held |
|---|---|---|---|
| Child support amount | Use actual 2020 incomes; guideline-based support, but accept reduced award | Court should average Chad’s income over three years; impute more income to Ann | Affirmed $75/month (court properly used 2020 income; guideline would be higher but parties accept lower amount) |
| Temporary spousal support | Needs support based on pecuniary condition; other adult in household not legally obligated | No need for alimony; cohabitant contributes; court failed to make §598.21A findings | Affirmed $1,000/month (temporary awards governed by §598.11; §598.21A factors apply only to final orders; court’s credibility and pecuniary findings support award) |
| Temporary attorney fees | Award reasonable given parties’ payments from joint funds | Award was unreasonable | Affirmed $2,500 to Ann (court’s factual findings supported award; not unreasonable) |
| Appellate attorney fees | Each seeks fees on appeal | Opposing party’s ability to pay/merits vary | Denied to both (court declined discretionary award) |
Key Cases Cited
- In re Marriage of Mauer, 874 N.W.2d 103 (Iowa 2016) (de novo review of dissolution with weight to district court findings)
- In re Marriage of Powell, 474 N.W.2d 531 (Iowa 1991) (determine monthly income from most reliable evidence; average fluctuating income when necessary)
- In re Marriage of Nelson, 570 N.W.2d 103 (Iowa 1997) (include non-anomalous income when calculating support)
- In re Marriage of Will, 602 N.W.2d 202 (Iowa Ct. App. 1999) (exclude non-recurring income)
- In re Marriage of Schenkelberg, 824 N.W.2d 481 (Iowa 2012) (spousal support depends on circumstances and comparative earning capacities)
- In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (trial attorney fees reviewed for needs, ability to pay, and appeal merits)
- In re Marriage of Erpelding, 917 N.W.2d 235 (Iowa 2018) (standard for overturning discretionary fee awards)
- In re Marriage of McDermott, 827 N.W.2d 671 (Iowa 2013) (factors for awarding appellate attorney fees)
- In re Marriage of Denly, 590 N.W.2d 48 (Iowa 1999) (temporary financial orders are final and appealable)