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In re Marriage of Gulash
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:
Date Published:
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.