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Case No. 23-0329

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

In re the Marriage of Johnston

Renata Jean Johnston, Petitioner-Appellee

Joseph Leo Johnston, Respondent-Appellant

Attorney for Appellant

Austin J. Luse

Attorney for Appellee

Sarah A. Reindl

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 10, 2024

            Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Joseph Johnston appeals from the order granting in part his petition to modify the physical-care, visitation, and child-support provisions of the decree dissolving his marriage to Renata Johnston.  OPINION HOLDS: Joseph has not met his heavy burden to modify the current physical care placement with Renata to joint physical care.  Nor does his changed employment justify a significant boost in his visitation.  Yet we agree with him that his weekly Wednesday night visitation should be overnight rather than just for four hours as the district court ordered.  Given our deference to the district court’s fact findings, we cannot say that the court erred in declining to modify the child-support award.  And it did not abuse its discretion in awarding attorney fees to only Renata and not Joseph.  We likewise decline to award Joseph appellate attorney fees. 

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