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Case No. 20-1121

In re the Marriage of McCabe

Lori Jean McCabe, Petitioner-Appellee/Cross-Appellant

Brandon Robert McCabe, Respondent-Appellant/Cross-Appellee

Attorney for Appellant

Judith O'Donohoe

Attorney for Appellee

Andrew C. Johnston

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 16, 2022

            Appeal from the Iowa District Court for Floyd County, Chris Foy, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (15 pages)

            Brandon McCabe appeals, and Lori McCabe cross-appeals, the decree dissolving their marriage.  Brandon argues the district court erred in failing to enforce the parties’ premarital agreement, inequitably distributing property, modifying the amount of child-support, and awarding attorney fees.  Lori argues on cross-appeal that the district court erred in failing to award spousal-support, a premarital property credit should not have been given, and the district court miscalculated Brandon’s income for the purposes of child support.  OPINION HOLDS: On our de novo review of the record, we find the parties’ prenuptial agreement was unconscionable at the time of execution and is unenforceable.  The district court’s property distribution appropriately considered the value of assets the parties brought to the marriage as a factor in its exercise of equitable distribution.  The distribution of real property was equitable.  The district court’s award of child support was appropriate and equitable, but we modify the decree to vacate the upward deviation and remand to the district court for further proceedings.  Following our consideration of the property distribution, we agree that no spousal support was warranted.  We affirm the award of trial attorney fees and find each party should be responsible for their own appellate attorney fees.  Costs on appeal shall be split equally between the parties.

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