In re the Marriage of Wakely
Angela Denise Wakely, Petitioner-Appellee/Cross-Appellant
Carlos Enrique Wakely, Respondent-Appellant/Cross-Appellee
Attorney for Appellant
Andrew B. Howie
Attorney for Appellee
Earl B. Kavanaugh and Kaitlin T. Boettcher
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL AND REMANDED. Considered by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Bower, C.J. (13 pages)
Carlos Wakely appeals spousal support and attorney fee awards following entry of a dissolution decree. Angela Wakely cross-appeals the district court’s: (i) reduction of spousal support; (ii) amendment to the visitation schedule; and (iii) decision to grant the child tax dependency exemption to both parties on an alternating basis. OPINION HOLDS: The district court properly awarded Angela spousal support and attorney fees at the district court level. In its order on the motion to amend, enlarge, or reconsider, the district court incorrectly: (i) decreased the amount of spousal support and (ii) amended the visitation schedule without considering the best interests of the children. We modify the decree in those respects and remand for calculation of child support under the child support guidelines.
