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   State Courts - Iowa - August 23, 2006

  
In re Marriage of Kropp, No. 6-576 / 05-1951, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Granting primary physical care of one child to each parent was in their best interest under Iowa Code § 598.41; an incident of domestic violence did not summarily exclude either parent from consideration, one child expressed a desire to remain with the father, and the children did not indicate that they missed living together.

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In re Marriage of Lavely, No. 6-283 / 05-1602, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Based on the length of the marriage, the parties' ages, the wife's education and earning capacity, and the fact there was little likelihood she would be self-supporting at a standard of living comparable to the one enjoyed during the marriage, the wife should have been awarded both permanent and rehabilitative alimony under Iowa Code § 598.21.

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In re Marriage of Lenz, No. 6-577 / 05-1967, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Trial court did not err by denying the father's request to modify physical care of the parties' child as his mere suitability as a caretaker did not provide a sufficient basis to alter physical placement, and the evidence indicated the child was a happy, active, healthy, well-adjusted child who had done well in the mother's physical care.

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In re Marriage of Reeves, No. 6-196 / 05-1510, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: A district court did not err by failing to use the offset method to calculate child support under Iowa Ct. R. 9.14 because a mother and father did not have joint physical care of their minor child; this term did not appear in the district court's decree, and the fact that the father had liberal visitation was not enough to show joint physical care.

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In re Marriage of Schultz, No. 6-500 / 05-1856, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: District court's findings, pursuant to Iowa Code § 598.21(3), supported its award of monthly traditional alimony until the death of either party or until the wife remarried because the husband had a superior financial status, due in part to a monthly sum he received from inherited income-producing property; thus, alimony award was affirmed.

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In re Marriage of Wallinga, No. 6-501 / 05-1997, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Trial court properly terminated a wife's spousal support award from her former husband as the wife failed to establish extraordinary circumstances justifying continuation of the support obligation, and she received significant financial support from her new spouse, including his paying the balance of the wife's home mortgage.

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In re Wielenga, No. 6-376 / 05-1279, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Decree ordering title of real estate to be transferred to buyer, who had placed title to property in his girlfriend's name, was upheld, because evidence of donative intent was lacking; buyer did not divest control of property, he lived on the property, maintained the property, and stored items needed for his construction business on the property.

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In re the Marriage of Wise, No. 6-507 / 06-0177, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: In a close child custody case, the trial court did not erred in ordering joint legal custody and allocating the child's physical care to the mother pursuant to Iowa Code § 598.41(3) as the father's unwillingness to encourage maximum continuing contact between the mother and the child tipped the scales in favor of the mother.

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In the Interest of A.B., No. 6-590 / 06-0805, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Termination of father's parental rights was upheld under Iowa Code § 232.116(1)(f) because appellate court concluded that children would be subjected to further adjudicatory harm under his care, as father had little meaningful contact with children and little insight on how to appropriately parent, and he initially refused to provide drug screens.

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In the Interest of A.K., No. 6-601 / 06-1023, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Termination of mother's parental rights was upheld because Iowa Code § 232.116(3) did prevent termination due to relative placement, as temporary or even long-term foster care was not in child's best interests, especially because he was adoptable and adoptive home awaited him. Additionally, reunification efforts made by State were reasonable.

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