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Case No. 17-1664

In re the Marriage of Woodhouse

Mary Lou Ernst-Woodhouse, Petitioner-Appellee

Donald J. Woodhouse, Respondent-Appellant

Attorney for Appellant

Andrew B. Howie

Attorney for Appellee

Bernard L. Spaeth and Kimberly S. Bartosh

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

            Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (11 pages)

            Dr. Donald Woodhouse appeals the economic provisions of the decree dissolving his marriage to Dr. Mary Lou Ernst-Woodhouse.  OPINION HOLDS: I. A. We modify the decree to set off $253,730 of the value of the Warren County farm to Mary Lou as inherited property and award each party $245,385 of the remaining value.  B. We decline to set off $90,000 of the Edward Jones account’s value to Donald as inherited property and affirm its award to Mary Lou.  C. To provide a more equitable division of the marital property, we modify the decree to order Mary Lou to make a $300,000 payment to Donald.  II. Because the visitation schedule set forth in the decree provides Donald with more than 167 overnight visits with the parties’ minor child, Donald is entitled to a credit for extraordinary visitation under Iowa Court Rule 9.9.  III. Donald failed to preserve error on his claim concerning Mary Lou’s overpayment of taxes.

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