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Case No. 21-0454

In re the Marriage of Mills

Jason Dale Mills seeks further review of the court of appeals opinion that agreed with Erinn Mill’s claim that the district court’s refusal to award her spousal support was inequitable. The court of appeals found that even though the marriage was short in duration, spousal support was appropriate because of Erinn’s disability that resulted from childbirth during the marriage and lack of earning capacity.

Jason Dale Mills, Applicant

Erinn Ann Mills, n/k/a Erinn Ann Pierce, Resister

Attorney for Resister

Ryan J. Mitchell

Attorney for Simplot

Heather M. Simplot

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0454
Date Published:
Mar 30, 2022
Summary

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (14 pages)

            Erinn Mills appeals the decree dissolving her marriage to Jason Mills.  She argues the district court’s refusal to award her spousal support was inequitable.  OPINION HOLDS: We agree the denial of spousal support was inequitable.  Because the record shows little likelihood that Erinn’s disability will allow her to become self-supporting at a standard of living reasonably comparable to the one enjoyed during the marriage, and Jason has the ability to pay, we find the decree should be modified to provide Erinn with an award of traditional spousal support.  We affirm the dissolution decree as modified and remand. 

Other Information

Date Further Review is Granted:
May 31, 2022
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