In re the Marriage of Sheryl A. Wilson and James D. Wilson

Grundy Center, Iowa family law lawyer represented Petitioner seeking a divorce.





Sheryl and James Wilson married in 1982.1 The marriage lasted thirty-one years. Sheryl worked as a nurse's aide but agreed to give up her job when she became pregnant with the first of two children. Approximately nine years into the marriage, she opened a video store and ran it for about six years. Later, she worked in a school kitchen and obtained a second job in the deli department of a grocery store. Those jobs provided wages of twelve dollars an hour and eight dollars an hour respectively and were her sole sources of employment income at the time of trial.



James served in the military until 1989, when he was medically discharged. He subsequently worked for a pipe tool company, earning as much as $64,151 annually. At the time of trial, he received tax-free social security disability and veterans benefits totaling $4830 per month.



Sheryl petitioned for a dissolution of the marriage. The district court ordered the parties not to "create any additional debt on a joint credit instrument,” or "sell, dispose of, trade, secrete away, hide or destroy any assets.”



James did not abide by the order, prompting Sheryl to file an application for rule to show cause why James should not be held in contempt. The district court found James withdrew approximately $26,846.26 from a home equity line of credit and placed the funds in a money market account in his name. The court further found he withdrew joint funds and dissipated joint assets in violation of the court order. The court determined his violation was willful. Following a hearing, the court adjudged James in contempt but, on Sheryl's request, declined to take formal action. The matter proceeded to trial.



In its dissolution decree, the district court found James wasted assets, largely through gambling. To offset the waste, the court awarded Sheryl the home, subject to indebtedness, as well as most of the household goods. The court granted her spousal support of $1100 per month until she dies or remarries. Sheryl appealed following the denial of post-trial motions.2 James has not appeared or filed a responsive brief.

Wilson v. Wilson (In re Wilson), 864 N.W.2d 553(Table) (Iowa App. 2015)

Affirmed as modified.