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Case No. 23-0513

For summaries from opinions prior to August, 2018, view PDF versions here

In re Marriage of Gulash

County:
Scott

Cheryl Ann Gulash, n/k/a Cheryl Ann Sidney, Petitioner-Appellee

Garry Valearl Gulash, Respondent-Appellant

Attorney for Appellant

Garth M. Carlson

Attorney for Appellee

Christine Frederick

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0513
Date Published:
Mar 27, 2024
Summary

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Garry Gulash appeals the district court’s denial of his request to modify the property division in the parties’ dissolution decree.  OPINION HOLDS: At the time of the dissolution decree, the court and the parties treated Garry’s pension benefits as marital property, not as income.  We reject Garry’s attempt to recategorize the benefits he receives as disability benefits, which could be treated as income.  The division of property in a dissolution decree is not subject to modification.  We affirm the court’s decision to deny the request to modify the decree.

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