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   State Courts - Iowa - March 28, 2007

  
In re Marriage of Eisbrenner, No. 7-039 / 06-1370, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Child custody provisions of the dissolution decree granting the wife physical care of the children was affirmed because the wife had been the more steady influence in the children's lives and better able to meet their ongoing emotional, physical, and social health needs.

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In re Marriage of Estrada, No. 7-109 / 06-1209, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Pursuant to Iowa Code § 97A.1(17), wife was not entitled to husband's pension benefits past date of the husband's death unless she was designated as his surviving spouse in the divorce decree; the decree and incorporated stipulation did not designate the wife as a surviving spouse and did indicate her benefits would run after the husband's death.

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In re Marriage of Loutsch, No. 7-029 / 06-0554, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Trial court did not err in not awarding ex-wife half of the appreciation value of the real properties that accrued during the marriage as (1) ex-husband owned property prior to marriage; (2) marriage was relatively short duration; and (3) husband had small remaining net worth. Also, the wife was not entitled to alimony under Iowa Code § 598.21(3).

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In re Marriage of Runyan, No. 7-035 / 06-1115, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Inter alia, trial court overvalued one development in which husband had an interest; inter alia, there was no guarantee when lots would sell or whether they would bring the asking price, interest continued to accrue on debt, and court of appeals valued the lots at $ 517,000 which it found more reasonable than the trial court's value of $ 1,723,545.

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In re Marriage of Thompson, No. 7-105 / 06-1069, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: The district court did not abuse its discretion in refusing to find the wife in contempt of the terms of the dissolution decree, Iowa Code § 598.23(1), by finding that the wife's contempt was not proven beyond a reasonable doubt. The issue of interpreting the dissolution decree was not preserved for appellate review.

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In re Marrigae of Fleck, No. 6-1084 / 06-0980, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Trial court's division of property and debts under Iowa Code § 598.21(5) was proper because (1) equity did not require setting aside to ex-husband the assets he brought to the marriage; (2) trial court made an equitable division of parties' debts; and (3) evidence of outstanding debt was too speculative to make a division of it in divorce decree.

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In the Interest of A.H., No. 7-166 / 07-0176, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Termination of mother's parental rights under Iowa Code § 232.116 was upheld, as mother had extensive history of substance abuse and she failed to demonstrate long-term commitment to maintaining drug-free lifestyle. Termination was also in best interests of children because they would be harmed by allowing mother additional time to address issues.

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In the Interest of C.M.T., No. 7-165 / 07-0135, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Termination of a mother's parental rights under Iowa Code § 232.116(1)(f) was affirmed because despite numerous services offered through the Iowa Department of Human Services, the mother's ability to provide for the day-to-day needs of the child remained virtually unchanged.

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In the Interest of D.A., No. 7-161 / 06-2011, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Clear and convincing evidence supported termination of a mother's parental rights under Iowa Code § 232.116(1)(f), because the children would be at risk of physical or emotional harm if returned to the mother's care.

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In the Interest of D.T.K., No. 7-175 / 07-0228, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Termination of father's parental rights was upheld under Iowa Code § 232.116(1)(f)(4) because child could not be returned to his custody, as father did not regularly provide urine samples for drug testing, he had unauthorized contact with child, and there was also a problem of where the father would house the child in the event of reunification.

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