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In re The Marriage of McCaffry
Joseph McCaffry, Petitioner-Appellee
Tracey McCaffry, Respondent-Appellant
Attorney for Appellant
Lynne C. Jasper
Attorney for Appellee
Robert S. Gallagher
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge. AFFIRMED AS MODIFIED. Considered by Chicchelly, P.J., Buller, J., and Mullins, S.J. Opinion by Mullins, S.J. (15 pages)
Tracey McCaffry appeals a district court ruling on Joseph McCaffry’s petition to modify the parties’ dissolution decree and her contempt application. As to modification, Tracey argues the court erred in modifying Joseph’s spousal support obligation. As to contempt, she asserts the court erred in not finding Joseph in contempt for nonpayment of child and spousal support. She also claims the court erred in admitting expert testimony and medical records at trial. Tracey requests an award of appellate attorney fees. OPINION HOLDS: We reject Tracey’s evidentiary challenge. We affirm the district court’s decision to modify spousal support, but we modify the award to $500.00 per month, which shall continue until the first of either party’s death, Tracey’s remarriage, or Tracey’s eligibility to receive a portion of Joseph’s social security benefits. We affirm the denial of Tracey’s contempt application, and we deny her request for appellate attorney fees. Costs on appeal are taxed equally between the parties.
