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Case No. 19-1707

In re the Marriage of Christensen

Jamie L. Christensen, Petitioner-Appellee/Cross-Appellant

Michael D. Christensen, Respondent-Appellant/Cross-Appellee

Attorney for Appellant

Theodore R. Wonio

Attorney for Appellee

David L. Jungmann

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1707
Date Published:
Jan 21, 2021
Summary

            Appeal from the Iowa District Court for Audubon County, Michael D. Hooper, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (14 pages)

            A father and mother both appeal the district court order modifying the order dissolving their marriage.  The father argues the district court erred by refusing to modify physical care of the couple’s second oldest child, A.C., and by granting the mother physical care of their third oldest child, C.C.  The mother argues the district court erred by incorrectly calculating the amount of child support and abused its discretion by failing to require the father to pay her trial attorney fees.  Both parents request appellate attorney fees.  OPINION HOLDS: We conclude it is in A.C.’s best interest to remain in the physical care of the mother.  We further conclude it is in C.C.’s best interest for the parties to have joint legal custody of C.C., with the mother to have physical care.  We affirm the child support obligations imposed by the district court.  We also affirm the district court’s decision not to award trial attorney fees to the mother.  The father shall pay $3000 of the mother’s appellate attorney fees.  Costs on appeal are divided equally between the parties.  We reject the father’s claim for appellate attorney fees.

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