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[T] In re Marriage of Decker-Sidmore

11/26/2003

. Kenneth Sidmore appeals from a judgment of divorce seeking reversal of a trial court determination that Barbara E. Decker-Sidmore's school loans were marital debt and awarding maintenance. Kenneth contends that the trial court erred in finding that Barbara's school loans were marital debt because said finding is against the great weight and clear preponderance of the evidence. Kenneth additionally argues that the trial court's order of maintenance to Barbara in the amount of $992 per month for four years is in error because the trial court failed to make the necessary findings, because the trial court failed to explain its decision and because the trial court's award goes against the great weight and clear preponderance of the evidence. We conclude the trial court did not erroneously exercise its discretion by finding that the school loans were marital debt. However, we also conclude the trial court erroneously exercised its discretion in its calculation of maintenance because the evidence of record does not support the trial court's determination of the amount of Kenneth's unreimbursed business expenses. We therefore affirm with respect to the duration of maintenance, reverse with respect to the amount of maintenance and remand for proceedings consistent with this decision.


BACKGROUND


. Barbara and Kenneth were married on August 25, 1990 and divorced on December 31, 2002. Barbara was forty years old and Kenneth was fifty-three years old at the time of the divorce . Both parties have had problems with alcohol. Barbara has been treated for alcohol abuse twice as an in-patient and Kenneth has been treated for alcohol abuse as an in-patient seven times. Both parties also have health problems. Kenneth broke his back in 1983 while employed as a heavy equipment operator. He has been treated by a chiropractor approximately every three months since the incident. Barbara suffers from post-traumatic stress disorder and depression (recurrent moderate type).


. The parties lived together for five years prior to marriage. The trial court found this to be a medium length marriage. Barbara and Kenneth did not have any children together.


. Barbara graduated from high school and completed a counselor training program at the Mental Health Institute in Independence, Iowa. She worked in her own practice as a substance abuse counselor for three to four years until June 2001. In 1995, Barbara began a four-year undergraduate program at Upper Iowa University in Manchester, Iowa, and received a bachelor of science degree in psychology in 1999. That same year, Barbara began a master's program in counseling education at the University of Wisconsin-Platteville. She has not completed the program because she was prohibited from continuing with her practicum due to an ethical violation.


. Barbara lost her Iowa counseling certification in October 2002, during the pendency of the divorce trial, for drinking with her clients. The trial court found that due to her license revocation, she is prevented from completing her practicum for her master's degree. Barbara needs to complete a practicum, six credits of classroom work and a semester paper to complete her master's program. The trial court further found Barbara will be unable to complete her master's program with clinical certification for approximately three years and that without clinical certification, she will not be eligible for third-party reimbursement from insurance carriers. The trial court also found that Barbara's earning capacity would be greatly enhanced once she is eligible to receive third-party reimbursement. The trial court further found that Barbara would be qualified to work as a residential director at a univer

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