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In re Marriage of Olson

Court of Appeals of Iowa

September 11, 2019

IN RE THE MARRIAGE OF ERIKA MICHELLE OLSON AND MICHAEL ALBERT OLSON Upon the Petition of ERIKA MICHELLE OLSON, Petitioner-Appellee, And Concerning MICHAEL ALBERT OLSON, Respondent-Appellant.

          Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge.

         A husband appeals from a temporary order requiring him to pay child support, spousal support, and attorney fees.

          Christopher A. Clausen of Clausen Law Office, Ames, for appellant.

          Becky S. Knutson of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellee.

          Considered by Mullins, P.J., Bower, J., and Vogel, S.J. [*]

          BOWER, Judge.

         Michael Olson appeals the district court order requiring him to pay temporary child support, spousal support, and attorney fees. We find the district court order for child and spousal support was equitable and the court did not abuse its discretion in ordering temporary attorney fees. We award appellate attorney fees to Erika.

         I. Background Facts & Proceedings

         The parties married in 1996.[1] In May 2018, Erika filed for dissolution of marriage. Erika filed for temporary custody, visitation, and support. The parties have two children, one of whom is still a minor. Both children and Erika are covered under Michael's health insurance. It appears Michael generally paid expenses for the home.

         The parties entered into a stipulation regarding custody, child support pursuant to the guidelines, and physical care. They did not agree on temporary attorney fees or spousal support, which were submitted to the court. Michael has an annual income of $106, 200 from a combination of employment and veteran's income. Michael pays for the family's health insurance. Erika earns $21, 951 per year from her employment.

         On August 29, the district court entered an order on temporary matters. In addition to the stipulated provisions on custody, the court calculated child support, ordered the parties split additional medical expenses for the child, and ordered Michael to pay Erika $2000 a month in temporary spousal support and $3000 in temporary attorney fees. The court did not make separate findings of fact beyond the stipulation.

         Michael filed a motion to expand or enlarge the court's findings. As a result, the court reduced the temporary spousal support by $250-approximately the value of the health insurance premium attributable to Erika-and required Erika to be responsible for the loan for her vehicle. The temporary child support and temporary attorney fee awards were confirmed.

         Michael appeals.

         II. ...


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