In re the Marriage of Mills
Jason Dale Mills seeks further review of the court of appeals opinion that agreed with Erinn Mill’s claim that the district court’s refusal to award her spousal support was inequitable. The court of appeals found that even though the marriage was short in duration, spousal support was appropriate because of Erinn’s disability that resulted from childbirth during the marriage and lack of earning capacity.
Jason Dale Mills, Applicant
Erinn Ann Mills, n/k/a Erinn Ann Pierce, Resister
Attorney for Resister
Ryan J. Mitchell
Attorney for Simplot
Heather M. Simplot
Supreme Court
Oral Argument Schedule
Non-Oral
Oct 12, 2022 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered by May, P.J., and Schumacher and Badding, JJ. Opinion by Badding, J. (14 pages)
Erinn Mills appeals the decree dissolving her marriage to Jason Mills. She argues the district court’s refusal to award her spousal support was inequitable. OPINION HOLDS: We agree the denial of spousal support was inequitable. Because the record shows little likelihood that Erinn’s disability will allow her to become self-supporting at a standard of living reasonably comparable to the one enjoyed during the marriage, and Jason has the ability to pay, we find the decree should be modified to provide Erinn with an award of traditional spousal support. We affirm the dissolution decree as modified and remand.