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Case No. 22-0962

In re the Marriage of Barche

Edyta Monika Cichon-Barche, n/k/a Edyta Monika Cichon, Petitioner-Appellee

David Sebastian Barche, Respondent-Appellant

Attorney for Appellant

Kevin D. Engels

Attorney for Appellee

Alexander S. Momany

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0962
Date Published:
May 10, 2023
Summary

              Appeal from the Iowa District Court for Buchanan County, Andrea J. Dryer, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (16 pages)

              David Barche appeals custody and financial provisions in the decree dissolving his marriage to Edyta Cichon-Barche.  He contends that the district court erred in four ways: (1) awarding shared physical care of their two children; (2) requiring him to pay spousal support; (3) ordering him to pay the guardian ad litem (GAL) fees; and (4) failing to credit him for the amount he paid for the children’s medical insurance when calculating the child support award.  Edyta requests an award of appellate attorney fees.  OPINION HOLDS: We find shared care was appropriate, traditional spousal support was equitable, and the court did not err in assigning all court costs, including the GAL fees, to David.  But we do find modification necessary on the child support calculation.  We remand for the district court to give David credit for his contribution to the children’s insurance.  Finally, because she prevails on most issues, we find Edyta is entitled to appellate attorney fees, which the court should determine on remand.

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