In re the Marriage of Paul
Russell Dean Paul, Jr., Petitioner-Appellant,
Diane Marie Paul, Respondent-Appellee.
Attorney for Appellant
Andrew B. Howie
Attorney for Appellee
Matthew G. Sease
Cameron Eichmann
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge. AFFIRMED AS MODIFIED. Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ. Opinion by Tabor, C.J. (12 pages)
Russell and Diane Paul divorced after a fourteen-year marriage. In this appeal, Russell challenges three aspects of their divorce decree. First, he contests the decision to grant physical care of their two children to Diane. Second, he contends the award of traditional spousal support was inequitable. And third, Russell argues that the district court erred in ordering him to maintain a minimum balance in his flexible spending account (FSA) for the children’s unreimbursed medical expenses. In response, Diane defends the decree and seeks appellate attorney fees. OPINION HOLDS: Following our independent review of the record, we decline to change the children’s physical care. We also find the spousal support award achieves equity between the parties—though we modify the decree to provide that Russell’s obligation ceases upon his death. We also modify the decree to terminate Russell’s requirement to maintain life insurance for the benefit of the children when his child-support obligation ends. Lastly, we affirm the reasonable requirement for Russell to maintain a balance of $1500 per year in his FSA given their daughters’ medical and orthodontic needs. But because we affirm the spousal support award, we find that Diane has the means to pay her own attorney fees.
