Schieffer v. Schieffer

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Schieffer v. Schieffer

Case Number
Court Number
Call Date
October 8, 2019
Case Time
1:00 PM
Case Summary

A-18-1090, Schieffer v. Schieffer

Cedar County District Court, Judge Paul Vaughan

Attorney for Appellant: David A. Domina (Domina Law Group pc llo)

Attorney for Appellee: Wanda Howey-Fox (Harmelink & Fox Law Office, PLLC)

Civil Action: Marriage Dissolution

Action Taken by Trial Court: Ryan V. Schieffer (Ryan) and Jessica N. Schieffer (Jessica) were married in 2012; two children were born during the marriage. The marital home was situated on the parties’ 40-acre farm; both parties contributed to the family farm business during the marriage. Jessica filed for divorce in July 2016; among other things, she sought sole legal and physical custody subject to Ryan’s parenting time provided that he was “sober and not consuming intoxicating liquors or other substances.” After a hearing, the trial court filed a temporary order in November 2016; among other things, the court awarded the parties joint legal and physical custody (alternating weeks).   

After a trial in January 2018, the trial court entered a decree dissolving the parties’ marriage. As relevant to the issues on appeal, the decree granted Jessica sole legal and physical custody of the children and ordered Ryan to pay $736.46 per month in child support (based on income of $30,000 per year), $121,598.34 plus statutory interest to equalize the marital estate ($5,000 due immediately, $1,900 monthly after that), and $10,000 of Jessica’s attorney fees. Ryan appeals.

Assignments of Error: Ryan claims the trial court erred by (1) incorrectly identifying, valuing, and dividing the marital assets; (2) awarding sole legal and physical custody to Jessica; (3) applying the wrong standard of proof in determining custody; (4) awarding excessive child support; (5) awarding Jessica attorney fees; and (6) ordering him to pay more to Jessica each month than he earns.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Riedmann, Bishop, and Arterburn, Judges