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Case No. 20-1501

Kay Cooley
v.
Aaron Cooley

Appellee

Kay Cooley

Appellant

Aaron Cooley

Attorneys for Appellee

Elizabeth M. Wayne

Attorneys for Appellant

Maria L. Hartman

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1501
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (13 pages)

            In the midst of a dissolution, the husband appeals from a temporary support order that used his averaged income to calculate his child-support obligation, deviated from the child support guidelines, did not credit him with a health-insurance deduction, and gave him responsibility for all health insurance and uncovered medical expenses of his minor child, adult child, and wife.  OPINION HOLDS: The husband’s income determination was equitable, but the deviation from the child support guidelines was inappropriate and should be corrected on remand.  He shall maintain health insurance for his wife and minor child and any uncovered medical expenses for either should be paid out of the health savings account.  When that account runs out of funds, the first $250 should be paid by the mother and then the child’s expenses should be split proportionately by the parents’ incomes.  The wife should cover her own additional expenses.  The husband is not responsible for the insurance and uncovered medical expenses of his adult child.

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