In re the Marriage of Wessels
Mary A. Wessels, n/k/a Mary A. Rekemeyer, Petitioner-Appellee
James C. Wessels, Respondent-Appellant
Attorney for Appellant
Constance Peschang Stannard
Attorney for Appellee
Taryn R. McCarthy
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED AND REMANDED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (17 pages)
James Wessels appeals the district court order modifying the child support and expense sharing provisions of the decree dissolving his marriage to Mary Wessels and the dismissal of his contempt petition filed against her. On appeal, James argues (1) the district court erred by finding a substantial change of circumstances had occurred which justified a modification; (2) the district court erred by dismissing his contempt action; and (3) the district court erred by awarding Mary $1000 in trial attorney fees. Although Mary did not cross-appeal, she seeks an award of appellate attorney fees. OPINION HOLDS: We find Mary met her burden of establishing a substantial change in circumstances warranting modification of the child support provisions of the original decree. Therefore, we affirm the district court’s modification order in all respects with regard to child support and children’s expenses, including the expense-sharing provisions, the uncovered medical expense division provisions, and the imposition of a $560 monthly child support obligation owed by James. The district court did not abuse its discretion in ordering James to pay $1000 of Mary’s trial attorney fees. We remand for the sole purpose of determining James’s obligation for Mary’s appellate attorney fees.
