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Case No. 18-0156

In re the Marriage of Hayes

Deanne E. Hayes, Petitioner-Appellee

Eric J. Hayes, Respondent-Appellant

Attorney for Appellant

Jamie A. Splinter

Attorney for Appellee

Joey T. Hoover

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 24, 2018

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Wittig, Judge.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Eric Hayes appeals the denial of his request to modify his child and spousal support obligations, claiming the district court should have adjusted the amounts to account for changes in income, and any changes should apply retroactively.  Additionally, he requests appellate attorney fees.  OPINION HOLDS: Because we find Eric’s decrease in income was not self-inflicted, modification is warranted.  We remand to the district court for recalculation of Eric’s child and spousal support obligations in line with the parties’ new incomes.  Reductions in support will not apply retroactively.  Each party is responsible for their own appellate attorney fees, and we divide appellate costs equally between the parties.

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