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Case No. 18-0308

In the Matter of the Estate of Henricksen

Sarita Henricksen, Petitioner-Appellee

Jim Henricksen, Respondent-Appellant

Attorney for Appellant

Jennifer Bennett Finn

Attorney for Appellee

Phil Rendenbaugh

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0308
Date Published:
Feb 06, 2019
Summary

            Appeal from the Iowa District Court for Emmet County, Carl J. Petersen, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Jim Henricksen appeals from the district court ruling ordering him to pay unpaid child support and daycare expenses.  Jim contends the district court erred in vacating its prior ruling.  Alternatively, Jim contends he did not receive notice of the amount of alleged arrearages, and thus the court should not have concluded he was barred from contesting the computation of arrearages and interest or from presenting defenses.  Jim contends the court should have applied the law of Oklahoma in computing the amount of arrearages and accrual of interest.  OPINION HOLDS: We conclude Jim’s appeal of the order vacating the previous ruling is timely but without merit.  However, because Jim did not receive notice of the amount of alleged arrearages now claimed by his ex-wife, we conclude it was improper to exclude Jim’s arguments and defenses regarding the actual amount owing.  We reverse and remand so the district court can consider the viability of Jim’s defenses and determine the actual amount owing according to Oklahoma law. 

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