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August 23, 2006
Iowa Court of Appeals Decisions - August 23, 2006
Today's family law decisions from the Iowa Court of Appeals include:
In re Marriage of Reeves: Declines to put "form over substance" and rejects claim that offset method of determining child support should be used where the parties stipulated to "joint physical placement" and a "joint parenting plan" for their child, but actual overnight time with one parent of "approximately one-third of nights and an average of approximately one-third of the hours of a year." The opinion also discusses the trial court's obligation to obtain all evidence necessary "to determine appropriate deductions rather than resorting to section 252B.7A(1)(e)" which imposes an generalized 20% tax deduction used in administrate support calculations.
In re Marriage of Lavely: Involves the interrelationship of permanent and rehabilitative alimony, as well as the affect of income from retirement assets on need for current, pre-retirement income.
In re Marriage of Anglin: Review of child support modification concerning: income averaging, imputed income due to non-financial benefits, deviation for extra-ordinary expenses, and retroactivity of modified support amount.
In re Marriage of Schultz: This opinion discusses at length the ramifications of failing to disclose information and other similar conduct. Moral of the story: The Court of Appeals "decline[s] to keep the fire burning under this piece-meal litigation."
In re Marriage of Wallinga: Considerable discussion of the effect of prior appellate rulings on subsequent litigation in the same case after remand. This case involves a subsequent alimony modification and the "remarriage" clause now disfavored under Iowa law.
Posted on August 23, 2006 | Permalink
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Main
| Divorcing same-sex couples "raises new questions for states" »
August 23, 2006
Iowa Court of Appeals Decisions - August 23, 2006
Today's family law decisions from the Iowa Court of Appeals include:
In re Marriage of Reeves: Declines to put "form over substance" and rejects claim that offset method of determining child support should be used where the parties stipulated to "joint physical placement" and a "joint parenting plan" for their child, but actual overnight time with one parent of "approximately one-third of nights and an average of approximately one-third of the hours of a year." The opinion also discusses the trial court's obligation to obtain all evidence necessary "to determine appropriate deductions rather than resorting to section 252B.7A(1)(e)" which imposes an generalized 20% tax deduction used in administrate support calculations.
In re Marriage of Lavely: Involves the interrelationship of permanent and rehabilitative alimony, as well as the affect of income from retirement assets on need for current, pre-retirement income.
In re Marriage of Anglin: Review of child support modification concerning: income averaging, imputed income due to non-financial benefits, deviation for extra-ordinary expenses, and retroactivity of modified support amount.
In re Marriage of Schultz: This opinion discusses at length the ramifications of failing to disclose information and other similar conduct. Moral of the story: The Court of Appeals "decline[s] to keep the fire burning under this piece-meal litigation."
In re Marriage of Wallinga: Considerable discussion of the effect of prior appellate rulings on subsequent litigation in the same case after remand. This case involves a subsequent alimony modification and the "remarriage" clause now disfavored under Iowa law.
Posted on August 23, 2006 | Permalink
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