In re the Marriage of Johnson
Jason C. Johnson, Petitioner-Appellant,
Bambi A. Johnson, Respondent-Appellee.
Attorney for Appellant
Brad Marsicek, Jackson Dziedzic, and William J. Hale
Attorney for Appellee
Jacquelyn Johnson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ. Opinion by Langholz, J. (10 pages)
Jason Johnson appeals the physical-care and spousal-support provisions of the decree dissolving his marriage to Bambi Johnson. OPINION HOLDS: After carefully reviewing the record, we believe the parties’ children are best served in Jason’s physical care. Although we agree with much of the district court’s appraisal of Jason and recognize the difficult task of choosing between two imperfect options, we are troubled by Bambi’s behavior leading up to the dissolution trial. Given her lack of accountability for methamphetamine use, her damaging behavior toward her daughter, her efforts to undermine the children’s relationship with Jason, and the daughter’s good progress while in Jason’s physical care, we believe placement with Jason furthers the children’s best interests. As for spousal support, we find the award equitable and reasonably tailored to enable Bambi to reenter the workforce and increase her earning capacity. We thus affirm the spousal-support award, modify physical care, and remand to establish Bambi’s visitation and child-support obligation.
