Troy Donald Moore v. Iowa District Court for Dubuque County
15-1563
| Iowa Ct. App. | Oct 12, 2016Background
- Troy Moore was held in contempt by the Dubuque County district court and sentenced to 364 days in jail, with all but 64 days suspended; he sought certiorari review.
- Ex-wife filed motions to show cause alleging multiple contemptuous acts: failing to return their daughter per custody schedule, missing/abandoning family counseling, and late child-support payments.
- The district court found contempt for (1) failing to return the child, (2) failing to attend family counseling, and (3) late child-support payments.
- Moore admitted picking up his daughter when she called and admitted missing some child-support payments; he disputed attendance allegations for counseling and presented some explanations.
- The court of appeals reviewed whether substantial evidence supported each contempt finding and whether the 364-day sentence exceeded statutory limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient proof of contempt for failing to return the child | Moore argued he believed he was acting in the child’s best interest and/or was unaware of decree terms | Ex-wife argued Moore knowingly violated custody decree by keeping 13-year-old at his home | Held: Substantial evidence supported contempt for failing to return the child |
| Whether there was sufficient proof of contempt for missing family counseling | Moore argued missed sessions were excused or inadvertent and he attempted accommodations (call, phone participation); counselor records not produced | Ex-wife argued Moore left sessions and missed multiple appointments | Held: Insufficient evidence to prove willful contempt for counseling failure |
| Whether there was sufficient proof of contempt for late child-support payments | Moore admitted a couple late payments and claimed he was current at hearing | Ex-wife produced bank records showing funds available and alleged late payments | Held: Substantial evidence supported contempt for late payments despite payment being caught up later |
| Whether the sentence (364 days, 300+ suspended) was lawful and not an abuse of discretion | Moore argued sentence exceeded statutory maximum per offense | Ex-wife urged enforcement and punishment for contempt | Held: Court abused discretion by sentencing beyond statutory limit (max 30 days per offense; only 60 days allowable here); remanded for resentencing |
Key Cases Cited
- Sorci v. Iowa Dist. Ct., 671 N.W.2d 482 (Iowa 2003) (certiorari review corrects legal errors)
- Christensen v. Iowa Dist. Ct., 578 N.W.2d 675 (Iowa 1998) (elements and review standards for contempt; illegality defined)
- Ary v. Iowa Dist. Ct., 735 N.W.2d 621 (Iowa 2007) (contemner's sentence reviewed for abuse of discretion)
- Spitz v. Iowa Dist. Ct., 881 N.W.2d 456 (Iowa 2016) (due process protections in contempt proceedings)
- In re Marriage of Bruns, 535 N.W.2d 157 (Iowa Ct. App. 1995) (separate acts of contempt must be alleged with clear notice)
- In re Marriage of Swan, 526 N.W.2d 320 (Iowa 1995) (court may find contempt even if arrears paid before hearing; sentencing discretion)