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Case No. 18-1308

In re the Marriage of Nevins

Kelsey N. Nevins, Petitioner-Appellee

Matthew J. Nevins, Respondent-Appellant

Attorney for Appellant

Heather M. Simplot

Attorney for Appellee

Andrew B. Howie

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 01, 2019

            Appeal from the Iowa District Court for Davis County, Myron L. Gookin, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (11 pages)

            Matthew Nevins challenges the physical-care, visitation, child-support, and attorney-fees provisions of the decree dissolving his marriage to Kelsey Nevins.  Matthew maintains the parties’ children should have been placed in his physical care or, alternatively, he and Kelsey should share joint physical care.  Additionally, he challenges the district court’s determination of each party’s income for the purposes of calculating child support and claims the court abused its discretion in ordering him to pay $2000 of Kelsey’s attorney fees.  On appeal, Kelsey asks that we affirm the district court’s decree and award her an additional $16,982.50 in appellate attorney fees.  OPINION HOLDS: We affirm the district court’s decision to place the parties’ children in Kelsey’s physical care, but we adjust the parenting-time schedule to give Matthew an additional overnight time with the children each week.  As a result of the change in parenting time, we remand to the district court to determine if the extraordinary visitation credit should be applied to Matthew’s child-support obligation.  We affirm the district court’s award of $2000 of attorney fees to Kelsey and award Kelsey $2000 in appellate attorney fees.

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