Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-1943

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

In re the Marriage of Lusk

David Lester Lusk, Petitioner-Appellant

Dawn Rachelle Lusk, Respondent-Appellee

Attorney for Appellant

Amanda Heims

Attorney for Appellee

Joseph J. Hrvol

Amy E. Garreans

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 22, 2020

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (6 pages)

            David Lusk appeals the district court’s calculation of child support and valuation of Dawn Lusk’s retirement account.  David argues the child support award is not appropriate considering the custody arrangement and assets were inequitably divided between the parties because of a miscalculation of Dawn’s retirement account.  OPINION HOLDS: Because David did not meet his burden to prove the additional income was not reasonably expected in the future, the child support calculation will not be disturbed.  The district court’s valuation of Dawn’s 401k was within the range of evidence and the amount set aside to set off the funds used on attorney fees was equitable. 

© 2024 Iowa Judicial Branch. All Rights Reserved.