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Case No. 19-1392

In re the Marriage of Martinez

Chelsie Martinez, Petitioner-Appellee

Jose Martinez Jr., Respondent-Appellant

Attorney for Appellant

Barry S. Kaplan and C. Aron Vaughn

Attorney for Appellee

T.J. Hier

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 05, 2020

            Appeal from the Iowa District Court for Jasper County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Schumacher, J.  (9 pages)

            A father appeals from a dissolution decree, arguing the district court acted inequitably by declining to award shared physical care.  The father also alleges the district court abused its discretion by directing him to pay $7500 of the petitioner’s attorney fees.  OPINION HOLDS: We find the provisions of the dissolution decree pertaining to physical care to be in the minor child’s best interest.  However, we find the district court abused its discretion in awarding $7500 in attorney fees, as the amount awarded was over twice what petitioner testified was owed at the time of trial and the record lacks an attorney fee affidavit to the contrary.  Accordingly, we reduce the award of attorney fees.

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