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Case No. 19-0224

In re the Marriage of Torres and Reyes-Pineda

Oscar Francisco Torres, Petitioner-Appellee

Maria Ventura Reyes-Pineda, Respondent-Appellant

Attorney for Appellant

Katherine S. Sargent

Attorney for Appellee

Tammy Westhoff Gentry

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0224
Date Published:
Feb 19, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED AS MODIFIED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (7 pages)

            The former wife appeals the alimony award of one dollar in the decree dissolving her marriage.  She contends the district court erred in giving her a placeholder award on the belief she can file a modification after the award of child support terminates due to the children reaching the age of majority.  OPINION HOLDS: In the future, the wife would be unable to show that the termination of child support qualified as a change in circumstances outside the contemplation of the court issuing the dissolution decree.  So we find it equitable to modify the decree now to order spousal support to commence at that time.  The decree is affirmed as modified. 

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