Opinion
No. 1-785 / 00-1918.
Filed March 13, 2002.
Appeal from the Iowa District Court for Adair County, GARY KIMES, Judge.
The respondent appeals a district court ruling denying her application to modify the alimony and medical coverage provisions of the parties' stipulated dissolution decree. AFFIRMED.
Eric Borseth of Borseth, Genest Suddreth Law Office, Altoona, for appellant.
Philip F. Miller, West Des Moines, for appellee.
Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.
The marriage of Donna and John Schildberg was dissolved by stipulated decree on January 16, 1996. In addition to various marital assets, the decree awarded Donna one hundred fifty months of alimony and thirty-six months of medical insurance coverage. In 1999 Donna sought modification of the decree. Pointing to the growth of John's financial assets and income and the deterioration of her own finances and health, Donna sought an increase in alimony and a continuation of the medical coverage. The district court denied the modification request, and Donna appeals.
The stipulation did not specify the nature of the alimony, providing only that it would terminate upon the death of either party or Donna's remarriage.
In conducting our de novo review, Iowa R. App. P. 6.4, we agree modification was not warranted. As the stipulation specifically defined John's payment of medical insurance premiums as an "additional property settlement . . . in no way intended as alimony," the provision was not subject to modification. In re Marriage of Trickey, 589 N.W.2d 753, 756 (Iowa Ct.App. 1998). Nor is Donna entitled to a modification of the alimony award, as she has failed to demonstrate the requisite substantial and material change in circumstances. Id. at 757.
Formerly Iowa R. App. P. 4.
If a change is to support modification, it cannot be within the contemplation of the trial court at the time the decree is entered. Id. As correctly noted by the district court, the changes in the parties' finances and Donna's health were matters within the court's contemplation when the stipulated decree was approved. We therefore affirm the district court's ruling. The parties' requests for attorney fees are denied. Each party shall pay their own fees. Costs are assessed to Donna.
AFFIRMED.