In re the Marriage of Howard
Kenneth M. Howard, Petitioner-Appellant
Anna V. Howard, Respondent-Appellee
Attorney for Appellant
Steve Hamilton
Attorney for Appellee
Donna R. Miller
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered without oral argument by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. Special concurrence by Buller, J. (8 pages)
Kenneth “Mike” Howard appeals the decree dissolving his twenty-three-year marriage with Anna Howard. He argues the court erred in its child-support calculation, the spousal-support award is “excessive,” and his premarital assets should have been set aside. OPINION HOLDS: We agree the district court should have considered the spousal-support award in setting the parties’ respective incomes for purposes of calculating child support, and remand with directions for the court to recalculate accordingly. We find the rehabilitative spousal support award is fair and equitable. And Mike failed to preserve error on his claim that the court included premarital assets in property division that should have been excluded. Finally, we decline Anna’s request for appellate attorney fees. SPECIAL CONCURRENCE ASSERTS: I reluctantly concur. But if we were writing on a blank slate, I would find Mike’s failure to attend trial precluded appellate review and summarily affirm.
