In re the Marriage of McDonough
Rachel K. McDonough, Petitioner-Appellee
William J. McDonough, Respondent-Appellant
Attorney for Appellant
Jennifer H. De Kock
Attorney for Appellee
Charles Wittmack
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS. Heard by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Langholz, J. (15 pages)
Bill McDonough appeals three financial provisions of the decree dissolving his twenty-eight-year marriage with Rachel McDonough. He challenges: (1) the amount and duration of Rachel’s traditional-spousal-support award; (2) a restriction on the use of the children’s 529 accounts to meet his obligation to pay for their private primary and secondary schooling; and (3) a purported obligation for him to pay expenses for the parties’ adult children. OPINION HOLDS: On our de novo review, giving appropriate deference to the district court, we agree that the amount of spousal support is equitable. We reject Bill’s argument that the award should automatically end when Rachel reaches a specific age or retires—such a change in circumstances must be addressed in a modification proceeding. But because Rachel agrees the award must end if she remarries, we modify the decree accordingly. As for the funds in the 529 accounts, we cannot say that preserving them for college expenses is inequitable. Bill’s challenge to the purported obligation to pay expenses for the parties’ adult children is not preserved for our review. We thus affirm the decree as modified, assess appellate costs to Bill, award Rachel appellate attorney fees, and remand for decision on a reasonable amount of fees.
