IN THE COURT OF APPEALS OF IOWA
No. 20-0266
Filed November 30, 2020
IN RE THE MARRIAGE OF CHRISTI ANN FERRIS
AND JOEL DAVID FERRIS
Upon the Petition of
CHRISTI ANN FERRIS,
Petitioner-Appellee/Cross-Appellant,
And Concerning
JOEL DAVID FERRIS,
Respondent-Appellant/Cross-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, Mary E. Howes,
Judge.
Joel Ferris appeals and Christi Ferris cross-appeals the decree dissolving
their marriage. AFFIRMED AS MODIFIED.
Chase Cartee of Cartee Law Firm, P.C., Davenport, for appellant.
M. Leanne Tyler of Tyler & Associates, PC, Bettendorf, for appellee.
Considered by Doyle, P.J., and Mullins and Greer, JJ.
2
MULLINS, Judge.
Joel Ferris appeals and Christi Ferris cross-appeals the decree dissolving
their marriage. Joel argues the district court erred in awarding physical care of the
couple’s children to Christi and that she engaged in parental alienation. On cross-
appeal, Christi takes issue with several aspects of the district court’s property
division and requests appellate attorney fees.
I. Background Facts and Proceedings
Joel and Christi Ferris married in 2003. The couple shares four minor
children. Christi filed for dissolution in May 2017. For the following two years the
couple engaged in a prolonged, repugnant dispute for custody of the children and
division of the couple’s property. Following four days of trial, separated over
several months, a decree was issued on August 9, 2019.1
The district court made significant credibility findings related to Joel’s
testimony. The court took issue with his testimony on the circumstances leading
to his termination from a prior employer. It also found his repeated resistance to
seeking prompt medical care for the children dangerous. The costs associated
with medical care aligned with other testimony on “penny-pinching” practices that
led to a problematic home environment for the entire family. However, the district
court concluded Christi also spent excessive time away from the children and
neglected family responsibilities due to recreational sports. Christi also displayed
1 Trial was held on May 22 and 23, 2018; October 5, 2018; and January 8, 2019.
The parties then waited seven months for a decree of dissolution. They each then
filed motions pursuant to Iowa Rule of Civil Procedure 1.904(2), which were not
resolved until January 2020. Notice of appeal was filed in February 2020.
3
poor judgment “that may have taken some of her time away from the marital home
and children.”
The decree, in relevant part, awarded the parties joint legal custody of the
four children, and designated Christi “as the primary provider of physical care.”
Joel was provided “reasonable and liberal” visitation rights with a schedule. Christi
was awarded her 2015 Nissan, and Joel his 2017 Silverado, each as sole property.
The district court also ordered “that the pensions and deferred compensation
annuities are to be divided as agreed by the parties and in accordance with the
applicable law under a qualified domestic relations order (QDRO) to be drafted by
petitioner’s attorney for signature by the court.” The court specified that order
following motions to amend from both parties pursuant to Iowa Rule of Civil
Procedure 1.904(2). In its fact findings, the district court valued Michigan farmland
owned by the couple and awarded it to Joel.2
Joel appeals and Christi cross-appeals.
II. Standard of Review
We review dissolutions of marriage de novo. In re Marriage of Larsen, 912
N.W.2d 444, 448 (Iowa 2018). “We give weight to the findings of the district court,
especially to the extent credibility determinations are involved.” In re Marriage of
Hansen, 733 N.W.2d 683, 690 (Iowa 2007).
2 The value of the Michigan property is in dispute on appeal.
4
III. Discussion
A. Physical Care
Joel argues the district court erred in awarding physical care of the couples’
four children to Christi. He separately argues that Christi engaged in parental
alienation. Christi argues the district court’s decision was appropriate.
Our supreme court has long held that “no hard and fast rule governs which
parent should have custody. It is not a matter of reward or punishment. The issue
is ultimately decided by determining under the whole record which parent can
minister more effectively to the long-range best interests of the children.” In re
Marriage of Winter, 223 N.W.2d 165, 166 (Iowa 1974) (quoting In re Marriage of
Bowen, 219 N.W.2d 683, 678–88 (Iowa 1974)). In considering the “long range
best interests of the children,” we consider several factors:
1. The characteristics of each child, including age, maturity,
mental and physical health.
2. The emotional, social, moral, material, and educational
needs of the child.
3. The characteristics of each parent, including age,
character, stability, mental and physical health.
4. The capacity and interest of each parent to provide for the
emotional, social, moral, material and educational needs of the child.
5. The interpersonal relationship between the child and each
parent.
6. The interpersonal relationship between the child and its
siblings.
7. The effect on the child of continuing or disrupting an existing
custodial status.
8. The nature of each proposed environment, including its
stability and wholesomeness.
9. The preference of the child, if the child is of sufficient age
and maturity.
10. The report and recommendation of the attorney for the
child or other independent investigator.
11. Available alternatives.
12. Any other relevant matter the evidence in a particular case
may disclose.
5
Id. at 166–67.
Physical care revolves around “the right and responsibility to maintain a
home for the minor child and provide for routine care of the child.” Hansen, 733
N.W.2d at 691–92 (quoting Iowa Code § 598.1(7) (2005)). When shared care is
not feasible “the court must choose a primary caretaker who is solely responsible
for decisions concerning the child’s routine care.” Id. at 692. “The objective of a
physical care determination is to place the children in the environment most likely
to bring them to health, both physically and mentally, and to social maturity.” Id.
at 695. Our review searches for “stability and continuity of caregiving,” considering
a parent’s history of successful caregiving a “strong predictor” of future quality. Id.
at 696–97.
Statutory factors also exist to aid courts in physical care determinations.
See Iowa Code § 598.41(3) (2017). Joel’s parental-alienation argument targets
the court’s consideration of “whether each parent can support the other parent’s
relationship with the child.” Id. § 598.41(3)(e). One parent’s attempt to alienate
children from the other parent may “be given great weight if the evidence
establishes [it] will adversely affect minor children.” In re Marriage of Vrban, 359
N.W.2d 420, 425 (Iowa 1984).
Joel’s arguments begin by focusing on Christi’s alleged mental instability.
He went to great lengths to insist Christi’s presentation of the facts was not based
in reality. Joel testified his reluctance to seek emergency medical care for the
children in several situations came from his belief Christi exaggerated those
situations. He also stated that Christi had a history of relying on him to care for the
6
children while she played recreational sports. Joel argues the oldest child’s
testimony, and preference for Christi’s custody, was rooted in lies Christi told the
children. He argues testimony about excessive time spent in Michigan was false.
Joel finally argues all testimony related to his “penny-pinching” was actually a
mischaracterization of Christi’s conduct targeted to alienate the children from their
father.
The record reveals that Christi did experience a period of extreme stress
that led to hospitalization and mental-health intervention. That stress was directly
related to the dissolution proceedings and an adverse reaction to a prescribed
medication that Christi no longer takes. Since her hospitalization, Christi has
engaged in consistent mental healthcare with positive results. The record shows
Joel’s delayed reactions to the childrens’ medical-health emergencies were
unreasonable. He forced one child with a broken arm to shower and another with
a broken leg to walk around the yard before seeking care. He also administered
medication to one child that exacerbated the child’s symptoms. He also refused
to seek medical care for a severe burn one child received in an accident on a
motorbike. The accident happened while the eight-year-old child was unattended
with Joel on a trip to Michigan. Joel’s conduct in these situations shows his
reluctance to seek medical care may be a danger to the children.
The record also shows that both parents spent time away from the family.
Christi played recreational sports that kept her away from the family at times.
However, it appears her involvement in recreational sports has waned since
dissolution proceedings began. Joel spends a significant period of time in
Michigan. The record shows he spends one to two weekends a month at the family
7
farms, with extended trips for planting, harvest, and family celebrations. The
record shows these trips will continue because Joel was awarded the farmland as
a part of the property distribution and his family resides in Michigan.
The record reveals that Christi did communicate with the oldest child about
Joel’s in-court statements. The child was then angry with Joel. However, that was
not the sole basis for the child’s stated preference of being in Christi’s physical
care. The child discussed Joel’s shortcomings, including his failure to set
schedules and create a calendar for the children, his insistence that the oldest child
provide care to the youngest child, and his failure to prioritize the children’s
activities.
Joel attempted to show Christi manipulated and alienated the children in
order to gain physical care. See In re Marriage of Winnicke, 497 N.W.2d 170, 173–
74 (Iowa Ct. App. 1992). Joel argues Christi’s testimony about his failure to
contribute to the family’s grocery bills and his militant focus on the length of the
children’s showers and the home’s temperature settings was an attempt to force a
wedge into the relationships he shares with the children. The record reveals the
children “were dragged into the controversy” by both parents. See Vrban, 359
N.W.2d at 425. Yet, Christi testified that Joel is a good father and the oldest child
testified Christi appears to have positive relationships with Joel’s extended family.
On our review of the record, we find no evidence that Christi engaged in alienation
that would adversely affect the children. See id.
On our de novo review, we agree with the district court that Christi is the
parent “most likely to bring [the children] to health, both physically and mentally,
8
and to social maturity.” See Hansen, 733 N.W.2d at 695. We therefore affirm the
award of physical care to Christi.
B. Pension Accounts
Christi has an Equistar Retirement Plan and Joel has a John Deere Pension
Plan. Each is a defined-benefit pension plan. The district court awarded each
party their own pension account.3 In retirement, Joel will receive $2062.96 a month
and Christi will receive about $320.00.4 Christi argues the district court should
have divided the pension accounts pursuant to our supreme court’s calculation
presented in In re Marriage of Benson, 515 N.W.2d 252, 255 (Iowa 1996). Joel
argues the pensions were properly divided as a part of the big-picture equitable
division of the parties’ assets.
“Under Iowa law pensions are characterized as marital assets, subject to
division in dissolution actions just as any other property.” Benson, 545 N.W.2d at
255. “A pension plan is ‘a plan established and maintained by an employer
primarily to provide systematically for the payment of [generally ascertainable]
benefits to . . . employees, or their beneficiaries, over a period of years (usually for
life) after retirement.’” Id. at 253 (quoting Black’s Law Dictionary 1135 (6th ed.
1990)). The Benson formula is used to divide pension plans and is a benefit to
both the earning and beneficiary spouses. Id. at 255. It is the preferred method
of distributing a defined-benefit plan. In re Marriage of Brown, 776 N.W.2d 644,
649–50 (Iowa 2009). Notwithstanding Christi’s request for a Benson formula
3 These awards were specified following each party’s motion for reconsideration
pursuant to rule 1.904(2).
4 Christi’s account will produce $318.08 per month in her retirement. If she elects
to take it as a life annuity, she will receive $321.26 per month.
9
distribution, the district court did not divide the pension accounts using the Benson
formula, nor did it disclose any consideration of the formula. Furthermore, the
district court made no findings as to the relative value of each pension plan,5
without which there can be no analysis the distribution of the plans was equitable.
We find it equitable to follow the preferred method of distribution via the Benson
formula for the Equistar and John Deere pensions. Thus, we modify the decree to
provide that each party will receive value attributable to premarital contributions to
their respective pension plans, if any, and each will receive one-half the value
attributable to the period of marriage. Counsel for Christi shall promptly prepare a
proposed QDRO for the Equistar pension and counsel for Joel shall prepare a
proposed QDRO for the John Deere pension. Counsel shall exchange proposed
QDRO’s for approval prior to submission to the district court for approval. If
consents cannot be accomplished, applications for approval of the proposed
QDRO’s shall be filed with clerk of the district court. See id.
Christi also requested survivor benefits. “Though spouse survivorship
rights may be awarded to ensure the spouse receives a share of the pension plan
in the event of the employee spouse’s untimely death, such an award is not normal
and typical.” In re Marriage of Freudenberg, No. 17-1569, 2018 WL 6422879, *5
(Iowa Ct. App. Dec. 5, 2018) (altered for readability). The record before us does
not support an award of survivor benefits.
5 No evidence was presented upon which any such finding could have been made.
10
C. Accounts Omitted and Vehicle Debt
Christi argues the district court failed to allocate the funds from two accounts
in the equitable distribution scheme, and asks that both be awarded to her. Christi
also argues the vehicle debt was not assigned. Joel argues the accounts were
distributed pursuant to agreement of the parties.
Christi’s argument focuses on two Fidelity accounts, ending 487 and 059.
Neither account was specifically awarded in the decree. The parties requested
that the accounts be awarded in motions pursuant to rule 1.904(2). The court failed
to do so. Joel’s motion asked the court to include the accounts in its distribution
list, but did not propose a division. On appeal, in a two sentence response, Joel
acknowledges the accounts are small and in Christi’s name; and asserts the
accounts have already been split—a seeming contradiction to his 1.904(2) motion.
On our de novo review, we determine it is equitable to award the two Fidelity
accounts, ending 478 and 059, held in Christi’s name to Christi, and modify the
decree accordingly.
Each party was awarded one vehicle, Christi the Nissan and Joel the
Silverado, “as sole property subject to no claim thereon of” the other spouse. The
cars are also listed in the chart of marital assets and liabilities in the decree. The
court also identified specific marital debts which were to be divided equally; the
vehicles were not listed among those. Interpreting the chart and final list of orders
together, it is clear the district court intended any debt on each vehicle would be
awarded to the party receiving the vehicle, and we so order.
11
D. Michigan Farm Property
Christi argues the value given to the farm property in Michigan was too low
and resulted in inequity. Joel notes that the value given by the court was lower
than the value listed in the appraisal he submitted to the court. He asks that if the
value is modified, it be modified to the value listed in his appraisal.
The district court made the following findings regarding the couple’s
property in Barry County, Michigan. “The Court adopts Joel’s figure for the value
of the parties Michigan farm, $438,300, relying on Petitioner’s exhibits 14, 14A and
141B. The Court also, using those exhibits adopts the mortgage balance of
$122,187. Thus, the Court awards the Michigan farm to Joel with a net value of
$346,113.” A quick review of the math from the foregoing sentence shows that
$438,300.00 minus $122,187.00 would equal $316,113.00. However, Joel’s
appraiser valued the land at $468,300.00, not $438,300.00. It appears the district
court calculation merely includes a scrivener’s error when the decree showed a
value of $438,300.00 instead of $468,300.00. We conclude when the court said it
adopted “Joel’s figure,” it intended to use Joel’s appraiser’s figure which, when
reduced by the mortgage, results in an equity of $346,113.00, which is the net
value the court reached. We find that value is fairly within the range of the evidence
and we decline Christi’s request to change the value assigned to the Michigan farm
property; and likewise her request for fifty percent of any increase in value fails.
E. Appellate Attorney Fees
Christi requests an award of appellate attorney fees due to what she argues
was a windfall in assets awarded to Joel. “An award of appellate attorney fees is
not a matter of right but rests within our discretion.” In re Marriage of Kurtt, 561
12
N.W.2d 385, 389 (Iowa Ct. App. 1997). “We consider the needs of the party
making the request, the ability of the other party to pay, and whether the party
making the request was obligated to defend the decision of the trial court on
appeal.” Id. Given the circumstances of this litigation, including issues raised on
appeal and cross-appeal, we decline to award appellate attorney fees in this
action.
IV. Conclusion
On our de novo review, we affirm the district court’s custody determination.
We modify distribution of Fidelity accounts numbered 478 and 059 and the vehicle
debts. We also modify distribution of the marital assets to provide application of
the Benson formula to the pension plans, and we modify the decree by correcting
the scrivener’s error used in the calculation of the value of the Barry County,
Michigan property. We decline to award appellate attorney fees. Costs on appeal
are assessed equally between the parties.
AFFIRMED AS MODIFIED.