In re The Marriage of O'Brien
Jeanette N. O'Brien, Petitioner-Appellee
John J. O'Brien, Respondent-Appellant
Attorneys for Appellant
Stephanie R. Fueger
McKenzie R. Blau
Attorneys for Appellee
Anjela Shutts
Katelyn Kurt
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge. AFFIRMED AS MODIFIED AND REMANDED. Heard by Vaitheswaran, P.J., and Ahlers and Buller, JJ. Opinion by Ahlers, J. (12 pages)
John O’Brien appeals the district court’s refusal to modify his spousal support and child support obligations. He also challenges the district court’s order for him to pay a portion of his former spouse’s trial attorney fees. OPINION HOLDS: John’s loss of an income source amounts to a material change in circumstance and his former spouse requires less financial support. So we reduce John’s spousal support obligation. We also remand to the district court to determine the parties’ annual income and recalculate child support. The court abused its discretion in awarding attorney fees, so we strike the award.
