In re the Marriage of Lusk
David Lester Lusk, Petitioner-Appellant
Dawn Rachelle Lusk, Respondent-Appellee
Attorney for Appellant
Amanda Heims
Attorney for Appellee
Joseph J. Hrvol
Amy E. Garreans
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Mullins, J. (6 pages)
David Lusk appeals the district court’s calculation of child support and valuation of Dawn Lusk’s retirement account. David argues the child support award is not appropriate considering the custody arrangement and assets were inequitably divided between the parties because of a miscalculation of Dawn’s retirement account. OPINION HOLDS: Because David did not meet his burden to prove the additional income was not reasonably expected in the future, the child support calculation will not be disturbed. The district court’s valuation of Dawn’s 401k was within the range of evidence and the amount set aside to set off the funds used on attorney fees was equitable.
