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Case No. 19-0541

For summaries from opinions prior to August, 2018, view PDF versions here

In re the Marriage of Nissen

Linda Lea Nissen n/k/a Linda Lea Tomlinson, Petitioner-Appellant

Timothy Lavern Nissen, Respondent-Appellee

Attorney for Appellant

Andrew B. Howie

Attorney for Appellee

Beck S. Knutson and Katelynn McCollough

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0541
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Linda Tomlinson, formerly Linda Nissen, appeals the decree dissolving her marriage to Timothy Nissen, contending (1) the district court’s property division was inequitable “considering Tim’s dissipation of marital assets” and (2) the district court abused its discretion in failing to order Tim to pay her trial attorney fees.  OPINION HOLDS: We conclude Tim must make an equalizing payment of $134,754.14 to Linda as a remedy for his dissipation of assets.  We modify the decree to require the payment of this sum within ninety days after the filing of procedendo.  We affirm on the issue of trial attorney fees and do not award any appellate attorney fees.

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