Marriage of Florke, In re, 2-60914

• Decision Date: 18 October 1978
• Docket Number: No. 2-60914,2-60914
• Parties: In re the MARRIAGE OF Harold FLORKE and Barbara J. Florke. Upon the Petition of Harold FLORKE, Appellant, and concerning Barbara J. FLORKE, Appellee.
• Court: Iowa Supreme Court

Page 643

270 N.W.2d 643

In re the MARRIAGE OF Harold FLORKE and Barbara J. Florke.

Upon the Petition of Harold FLORKE, Appellant,

and concerning

Barbara J. FLORKE, Appellee.

No. 2-60914.

Supreme Court of Iowa.

Oct. 18, 1978.

Robert J. Crary of Crary, Huff, Yates & Clem, P. C., Sioux City, for appellant.

P. D. Furlong, Sioux City, for appellee.

Considered en banc.

ALLBEE, Justice.

This appeal by petitioner, Harold Florke, challenges the economic provisions of a decree dissolving the parties' 20 year marriage. His complaints fit within two categories. The first is that he is required to pay an excessive amount toward the support of his minor children and the respondent, Barbara J. Florke. The second is that trial court should not have provided for enforcement of certain provisions of the decree by ordering petitioner to deliver a quit claim deed for his interest in the family home to an escrow agent, with directions that the deed be delivered to respondent upon petitioner's substantial default.

Our review is de novo. In re Marriage of Winegard, 257 N.W.2d 609, 613 (Iowa 1977). In examining the interrelated questions of child support and alimony we are guided by the factors set forth in In re Marriage of Zoellner, 219 N.W.2d 517, 525 (Iowa 1974) and Schantz v. Schantz, 163 N.W.2d 398, 405 (Iowa 1968) as modified to remove considerations of fault by In re Marriage of Williams, 199 N.W.2d 339, 344-46 (Iowa 1972).

I. At the time of the decree petitioner was 47 years of age and respondent was 41. They were living on income produced by both. Petitioner received a military pension of $360 per month and took home $302 every two weeks from his job with a local theater operator. He had received a bonus of $500 the year before the decree and annual bonuses of $1000 in the years prior to that. Respondent was employed as a cook for a Sioux City high school and earned a take home pay of $208 every two weeks. Fifty dollars was deducted from each check and paid to her credit union. She was paid only during the nine month school year. The record reveals no special skills on her part which would indicate an earning capacity beyond her actual income.

The major assets of the parties were the family home, valued at $37,500, a 1969 Chevrolet and a 1968 Ford pickup. The home was encumbered by a first mortgage with a balance of $17,898.94. There was also a $5000 note which was secured by a second home mortgage and security interests in household goods and the Chevrolet. The pickup was encumbered for a debt of approximately $500. There were various bank and savings and loan accounts in the name of either both parties or petitioner alone. These totaled approximately $1200 to $1500 at the time of separation. At the time of decree, according to petitioner's testimony, these had dwindled to less than $100. Respondent had a savings account at her credit union which increased from $300 at separation to $600 at decree.

Trial evidence also disclosed that petitioner had several relatively small life insurance policies, that he qualified for government administered medical insurance, and that some contribution to his living expenses was made by another person with whom he lived.

Of the parties' four children, two were minors at the time of trial, being ages 17 and 15. By agreement respondent was awarded custody of both.

There is little indication of what the parties' economic positions or conditions were prior to the marriage. Nor is there evidence of any special disabilities or needs on either party's part.

Petitioner testified to having monthly personal living expenses which we compute to range from $472 to $492. Respondent indicated in her financial statement that she had monthly expenses for herself and the two minor children of $791.99. This sum included utilities, mortgage payments, real estate taxes and insurance.

Trial court decreed that petitioner should pay $25 per week child support, $20 per week alimony, both the first and second mortgage payments on the home, real estate taxes, homeowner's insurance and utilities, except telephone. The first mortgage payment, including real estate taxes, was $218; the second mortgage payment was $150; the annual insurance premium was $172. It was further ordered that the real estate should be sold after both mortgages were paid in full and that the net proceeds be divided equally between the parties. The sale and division could be made earlier in the exercise of respondent's sole discretion. Petitioner was also required to maintain his existing insurance, pay the medical expenses of the children during their minority, pay the parties' debts to the date of the hearing and pay toward respondent's attorney fees another $200 above the temporary fees of $150 already paid.

Petitioner argues that the support burdens imposed upon him by the decree create an unreasonable hardship. His predicament, however, is not unique. Often in marriage dissolutions, incomes that were adequate to support married couples and their children are stretched...