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Case No. 18-1387

Jordan M. Paglia
v.
Heather A. Taylor

Appellee

Jordan M. Paglia

Appellants

Heather A. Taylor

Attorneys for Appellee

Catherine C. Dietz-Kilen

Attorneys for Appellants

Ted E. Marks
Kolby P. Warren

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1387
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Polk County, David May, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Potterfield, P.J., Bower, J., and Carr, S.J.  May, J., takes no part.  Opinion by Carr, S.J.  (8 pages)

            Heather Taylor and Jordan Paglia appeal the order establishing custody, visitation, and support of their child.  OPINION HOLDS: I. Affording the district court’s findings the deference they are due, we agree that Jordan has shown he is better able to minister to the child’s long-term needs.  However, we modify the visitation ordered by the court to include provisions for extended visitation during school breaks.  II. It was improper to calculate the amount of Heather’s child support obligation at $15,834 based on her 2016 earnings where, by her own admission, Heather’s current annual income is no less than $29,120.  We therefore remand to the district court to recalculate Heather’s obligation under the child support guidelines based on the financial circumstances of the parties proven at trial, and this opinion.  We deny Jordan’s request for an award of appellate attorney fees.

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