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Case No. 19-1569

In re the Marriage of Gifford

Joseph Edward Gifford Sr., Petitioner-Appellant/Cross-Appellee

Leia Lynn Gifford, Respondent-Appellee/Cross-Appellant

Attorney for Appellant

David M. Cox

Attorney for Appellee

Mark D. Fisher and Alexander S. Momany

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 30, 2020

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Mullins, J., and Vogel, S.J.  Opinion by Doyle, P.J.  (10 pages)

            Joseph Gifford appeals and Leia Gifford cross-appeals the provisions of the decree dissolving their marriage.  OPINION HOLDS: I. Because a partial stipulation the parties signed before Leia was represented by counsel does not aid in our resolution of the issues, we exclude it from our review.  II. By granting physical care to Joe with extraordinary visitation to Leia, the court sought to balance these parents’ ability to communicate and cooperate, safety concerns, and the need to maximize the children’s contact with both parents.  III. We decline Joe’s request to require that Leia move out of the marital home while it awaits sale.  IV. In considering the totality of Leia’s financial status, we decline to award her spousal support.  V. The evidence does not support a finding that Joseph dissipated marital assets.  VI. We decline to award either party appellate attorney fees and assess costs of the appeal equally to both parties.

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