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Case No. 21-0177

In re the Marriage of Alber

Cassandra Sue Alber, Petitioner-Appellee/Cross-Appellant

Thomas Alber, Respondent-Appellant/Cross-Appellee

Attorney for Appellant

Patrick H. Payton

Attorney for Appellee

Nicole S. Facio

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0177
Date Published:
Nov 03, 2021
Summary

            Appeal from the Iowa District Court for Boone County, Christopher Polking, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Tabor, P.J.  (18 pages)

            Thomas Alber appeals the decree dissolving his marriage to Cassandra Alber.  He contends the property division was inequitable, the spousal support was too low, the child support was too high, and the award of attorney fees fell short.  Cassandra cross-appeals arguing the property division was inequitable to her and the spousal support award should be reduced or eliminated.  OPINION HOLDS: Persuaded by Cassandra’s argument on spousal support, we modify the decree to reduce the amount of the award for three reasons.  First, Thomas will be able to draw additional funds from social security upon his retirement.  Second, he did not contribute to Cassandra’s career advancement.  And third, in the words of In re Marriage of Mann, Thomas has been “both economically underemployed and domestically underemployed.”  See 943 N.W.2d 15, 22 (Iowa 2020).  We affirm the other provisions of the decree and remand for recalculation of Thomas’s child support payment. 

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