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Case No. 22-0041

In re the Marriage of Harper

Matthew Calvin Harper, Petitioner-Appellee

Stephanie Mae Harper, Respondent-Appellant

Attorney for Appellant

Thomas J. Viner

Attorney for Appellee

Rachel R. McCrate

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0041
Date Published:
Jan 25, 2023
Summary

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (17 pages)

            Following the dissolution of her marriage to Matthew Harper, Stephanie Harper appeals the district court’s grant of physical care to Matthew, division of a retirement account, the calculation of her spousal support, and award of attorney fees.  Stephanie and Matthew each request appellate attorney fees.  OPINION HOLDS: We find joint physical care is not in the children’s best interests and the trial court did not abuse its discretion in its award of attorney fees.  But, because we find no facts to support using a date other than that of the dissolution trial to determine the value of marital assets, we remand to the district court with instructions.  We decline to award either party appellate attorney fees.  

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