## Facts

- Lyle Martin Hansen and Delores Lorene Hansen married in 1987 and had two minor children (Miranda and Ethan).
- During the marriage, Delores served as the children’s primary caregiver, while Lyle was the primary wage earner.
- Delores consistently handled schooling-related responsibilities and most homework assistance; Lyle missed some child-related events due to work and social commitments.
- The parties’ relationship involved significant conflict, poor communication, and lack of mutual respect, with allegations of alcohol issues, infidelity, and domestic abuse.
- The district court granted joint legal custody and joint physical care using a six-month alternating schedule, along with property division, alimony, and support orders.
- The court of appeals reversed the joint physical care award and granted Delores primary physical care; it also modified property equalization, increased alimony, corrected support calculations, and awarded Delores appellate attorney’s fees.
- The Iowa Supreme Court granted further review and conducted de novo review of physical care and the economic and fee rulings.

## Issues

1. Whether the children’s best interests supported joint physical care under a rigid six-month alternating schedule or instead supported primary physical care with one parent.
2. Whether the modified property equalization payment required correction due to a calculation error.
3. Whether the increased alimony award was equitable given the length of the marriage and the parties’ earning capacities.
4. Whether recalculated child support and medical support based on actual income and guidelines were proper.
5. Whether an appellate attorney’s fee award to Delores was appropriate.

## Decision

- Affirmed, as modified, the award of primary physical care to Delores; the alternating six-month joint physical care schedule was not in the children’s best interests.
- Corrected a calculation error in the property division and ordered Delores to pay Lyle $22,263 as an equalization payment.
- Affirmed alimony of $500 per month for ten years payable by Lyle.
- Affirmed recalculated child support and medical support using Lyle’s actual income and applicable guidelines.
- Affirmed $1,000 in appellate attorney’s fees to Delores and declined to award additional appellate fees.
- Remanded for further proceedings consistent with the opinion.

## Legal Principles

- Physical care determinations are governed by the children’s best interests; authorization of joint physical care does not create a presumption in favor of it.
- Joint physical care is generally disfavored when parents cannot communicate effectively, lack mutual respect, or exhibit high conflict likely to expose children to ongoing parental disputes.
- Caregiving history is highly probative: the historical allocation of parenting functions may support placing physical care with the parent who has provided most day-to-day care to maintain continuity and stability for the children.
- Rigid, long-block rotating arrangements may undermine stability and continuity and can be inappropriate where the record shows conflict and limited cooperation.
- Property distribution and support awards must be equitable and based on correct calculations; appellate courts may correct computational errors affecting equalization payments.
- Spousal support may be warranted and adjusted based on marriage length, earning disparities, and the economic impact of a spouse’s long-term caregiving role.
- Appellate attorney’s fees may be awarded based on need, ability to pay, and the merits of the appeal.

## Conclusion

The Iowa Supreme Court held that a six-month alternating joint physical care plan was not in the children’s best interests given the parents’ conflict and the longstanding caregiving pattern favoring Delores, affirmed primary physical care to her, corrected the property equalization amount, and upheld the modified alimony, support, and appellate fee awards.


In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007)