IN RE MARRIAGE OF McMORROW

No. 83-110.

342 N.W.2d 73 (1983)

In re the MARRIAGE OF Connie McMORROW and James S. McMorrow. Upon the Petition of Connie McMorrow, Appellant, And Concerning James S. McMorrow, Appellee.

Supreme Court of Iowa.

December 21, 1983.


Attorney(s) appearing for the Case

D.W. Harris, and R. Kurt Swaim, Bloomfield, for appellant.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, SCHULTZ, and WOLLE, JJ.


REYNOLDSON, Chief Justice.

The question here is whether a father's child support obligation under a marital dissolution decree is a preexisting "debt" under Iowa Code section 561.21(1), so that his after-acquired homestead may be subjected to execution and sale to pay delinquent installments. Trial court held the father could retain as exempt the apartment building he moved into following the dissolution. We reverse and remand with directions.

James S. and...

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