In re the Marriage of Sommervile
Jamie Robin Sommerville, Petitioner-Appellee/Cross-Appellant
Tara Michelle Sommerville, Respondent-Appellant/Cross-Appellee
Attorney for Appellant/Cross-Appellee
P. Shawn McCann
Attorney for Appellee/Cross-Appellant
Andrew B. Howie
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge. AFFIRMED AS MODIFIED AND REMANDED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. Partial Dissent by Schumacher, P.J. (18 pages)
Tara Sommerville and Jamie Sommerville appeal economic provisions of the decree dissolving their marriage. OPINION HOLDS: I. Jamie’s income is best determined by averaging his earnings, which amounts to $142,763 per year. We remand to the district court to calculate the amount of child support based on Jamie earning this amount. Based on Tara’s need and Jamie’s ability to pay, we modify the decree to award Tara $1800 per month in spousal support, terminating at the death of either party. II. Because Jamie’s failure to file tax returns and pay income tax was not dissipation of marital assets, we affirm, we affirm the decree’s treatment of the outstanding tax liability as a joint marital debt to be divided between the parties. III. We affirm the district court’s division of the property. PARTIAL DISSENT ASSERTS: I concur in the majority opinion regarding the issues of dissipation of marital assets, the property division provisions of the decree, and the remand to the district court for child support recalculation. And I concur in the majority’s calculation of the amount of Jamie’s income for child support and alimony purposes using the historical data contained in the parties’ tax returns. I respectfully depart ways from the majority opinion only in regard to the amount of traditional spousal support ordered to be paid by Jamie, finding such too great given the relative incomes of the parties, the existing marital debt, and relative tax consequences.
