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Case No. 21-0217

In re the Marriage of Kats

Melissa K. Kats, Petitioner-Appellee

Shadron D. Kats, Respondent-Appellant

Attorney for Appellant

Timothy J. Kramer

Attorney for Appellee

Elizabeth A. Rosenbaum

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0217
Date Published:
May 11, 2022
Summary

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  DECREE AFFIRMED; INTERIM SUPPORT ORDER VACATED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (23 pages)

            In this consolidated appeal, Shadron Kats (Shad) challenges the economic provisions of the decree dissolving his marriage to Melissa Kats (Missy) and a post-decree order for temporary spousal support.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: I. The award of $3000.00 per month in spousal support to Missy is equitable in light of the parties’ respective earnings and expenses.  Because the district court’s valuation of the property at issue is supported by the record, we decline Shad’s invitation to adjust the amount of the property equalization payment.  And we affirm the award of Missy’s trial attorney fees and one-half of her expert witness fees.  II. The district court was without jurisdiction to enter the post-decree order for interim support, and we vacate that order.  III. Considering the parties’ respective positions and the merits of the appeal, we award Missy her appellate attorney fees and expenses. 

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