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Case No. 18-0884

In re the Marriage of Monat

Heather M. Monat, Petitioner-Appellee

Benjamin Lee Monat, Respondent-Appellant

Attorney for Appellant

Heather A. Prendergast

Attorney for Appellee

Danni J. Harris

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 06, 2019

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED AS MODIFIED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  Dissent by Vaitheswaran, J.  (15 pages)

            Benjamin Monat appeals from the decree dissolving his marriage to Heather Monat.  He argues the district court erred in awarding Heather physical care of the children, its division of property, and in awarding Heather spousal support.  Heather requests appellate attorney fees.  OPINION HOLDS:  The district court did not err in declining to award joint physical care of the parties’ children and instead awarding Heather physical care of the children.  The property division was equitable.  However, the court’s award of spousal support was inequitable.  We strike that portion of the decree.  Heather’s request for appellate attorney fees is denied.  DISSENT ASSERTS: I believe the district court acted equitably in awarding Heather spousal support, and I would affirm that portion of the district court order.  

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