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Case No. 19-1427

In re the Marriage of Hoffmeyer

Carl E. Hoffmeyer, Petitioner-Appellant

Robin Marie Hoffmeyer, Respondent-Appellee

Attorney for Appellant

Sara A. Reindl

Attorney for Appellee

Jill M. Davis

Attorney for Appellee State of Iowa, Child Support Recovery Unit

Jade Havermann, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1427
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Palo Alto County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  Special Concurrence by Vaitheswaran, P.J.  (10 pages)

            Carl Hoffmeyer appeals the district court’s denial of his application seeking a credit for child support.  OPINION HOLDS: Upon our review, we agree with the State that Carl’s due process argument was not preserved for our review because it was not raised or ruled on by the district court.  We also agree with the State and district court that the court was without authority to modify retroactively the amount of support due.  So we affirm the district court’s ruling denying Carl’s application.  SPECIAL CONCURRENCE ASSERTS: Equity might dictate relief under these circumstances.  But, as inequitable as the facts appear, I agree with the district court and the majority that Carl failed to seek timely relief.

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