In re the Marriage of Martinez
Chelsie Martinez, Petitioner-Appellee
Jose Martinez Jr., Respondent-Appellant
Attorney for Appellant
Barry S. Kaplan and C. Aron Vaughn
Attorney for Appellee
T.J. Hier
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jasper County, Richard B. Clogg, Judge. AFFIRMED AS MODIFIED. Considered by Bower, C.J., Schumacher, J., and Vogel, S.J. Opinion by Schumacher, J. (9 pages)
A father appeals from a dissolution decree, arguing the district court acted inequitably by declining to award shared physical care. The father also alleges the district court abused its discretion by directing him to pay $7500 of the petitioner’s attorney fees. OPINION HOLDS: We find the provisions of the dissolution decree pertaining to physical care to be in the minor child’s best interest. However, we find the district court abused its discretion in awarding $7500 in attorney fees, as the amount awarded was over twice what petitioner testified was owed at the time of trial and the record lacks an attorney fee affidavit to the contrary. Accordingly, we reduce the award of attorney fees.