In re the Marriage of Faust
Abbey M. Faust, Petitioner-Appellee
Doug J. Faust, Respondent-Appellant
Attorney for Appellant
Alexander S. Momany
Attorney for Appellee
Lea M. Kieffer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jones County, David Cox, Judge. AFFIRMED. Considered by Schumacher, P.J., and Ahlers and Langholz, JJ. Opinion by Langholz, J. Dissent by Ahlers, J. (10 pages)
Doug Faust appeals the spousal-support award of a decree dissolving his fifteen-year marriage with Abbey Faust. He argues the ten-year award to Abbey is inequitable and should be denied or reduced in duration or amount. OPINION HOLDS: On our de novo review, mindful of the superior position of the district court to assess Abbey’s credibility about her disability and the supreme court’s admonition to refrain from undue tinkering with spousal-support awards on appeal, we agree with the district court that the award is equitable. DISSENT ASSERTS: While I agree the majority that Abbey Faust should be awarded some spousal support, I dissent from the majority’s decision to affirm the amount of spousal support awarded by the district court. Equity requires a substantially lower spousal-support award, so I would modify the district court’s decree accordingly.
