In re the Marriage of Stepaniak
Kurt E. Stepaniak, Petitioner-Appellee
Jacqueline S. Stepaniak, Respondent-Appellant
Attorney for Appellant
Jean Z. Dickson and Barbara K. Wallace
Attorney for Appellee
Wendy S. Meyer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Tabor, P.J. (11 pages)
A former wife appeals the declaratory judgment adopting the former husband’s interpretation of his spousal support obligation following an unexpected disbursement of pension proceeds as a lump sum rather than the anticipated annuity. The district court credited the husband with the lump sum against his spousal support, suspending that obligation for a period of approximately three years. OPINION HOLDS: Because we strive to give effect to the decree, we agree with the district court’s sentiment that given the payout under the pension’s terms, we can’t “put the genie back in the bottle.” By our reading, the decree and our earlier decision intended for proceeds from the pension to offset Kurt’s support obligation. And the district court’s ruling honors that intent.
