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Case No. 22-0292

In re the Marriage of Aguilera and Lopez

Esperanza Chairez De Aguilera, Petitioner-Appellee

Odilon Aguilera Lopez, Respondent-Appellant

Attorney for Appellant

Norma J. Meade

Attorney for Appellee

C. Aron Vaughn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 02, 2022

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Tabor, J.  (15 pages)

            A former husband contends he should not have to pay alimony and claims the district court erred in ordering him to pay for his former wife’s future foot surgery.  He also challenges the court’s determination of the wife’s earning capacity for purposes of child support and the children’s uncovered medical costs.  And he contests the order for repayment of past-due child support.  Finally, he contests attorney fees while the former wife requests appellate attorney fees.  OPINION HOLDS: Upon our de novo review, we strike the provisions of the decree addressing the husband’s obligation to pay for the wife’s surgery and the repayment plan for her past-due child support.  We also remand for the district court to recalculate the wife’s child support payments and her responsibility for the children’s uncovered medical costs.  We affirm the amount of trial attorney fees, but modify the method of payment.  We decline to award appellate attorney fees.

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