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Case No. 20-0313

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

In re the Marriage of Heiar

Joanna D. Heiar, Petitioner-Appellee

Aaron M. Heiar, Respondent-Appellant

Attorney for Appellant

Dorothy L. Dakin

Attorney for Appellee

Stephen B. Jackson, Sr.

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0313
Date Published:
Oct 21, 2020
Summary

            Appeal from the Iowa District Court for Hardin County, John J. Haney, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            Aaron Heiar appeals several components of the decree dissolving his and Joanna Heiar’s marriage.  He asserts he should have been awarded joint physical care or, in the alternative, he should have additional visitation.  Aaron disputes the allocation of expenses for the children as well.  As for the trial issues, he contends the district court abused its discretion by interfering with the testimony of the couple’s therapist, who then refused to testify, and that the district court afforded Joanna and her witnesses more creditability than they deserved.  Joanna requests an award of appellate attorney fees.  OPINION HOLDS: We conclude Aaron did not preserve for review his complaints about the district court’s discussion with the counselor witness.  We affirm the provisions of the decree awarding physical care to Joanna and setting out the visitation schedule for Aaron.  We deny Aaron’s request to change the decree except that we agree he should not pay one-half of the listed expenses of the children.  Finally, we remand the issue of appellate attorney fees to the district court to determine a reasonable award. 

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