IN RE THE MARRIAGE OF JAMES TIMOTHY SALURI AND SANDRA SUE SALURI Upon the Petition of JAMES TIMOTHY SALURI, Petitioner-Appellant, And Concerning SANDRA SUE SALURI, Respondent-Appellee.
from the Iowa District Court for Polk County, Samantha
appeals the district court order setting a postsecondary
education subsidy for the parties' children.
Simons of Simons Law Firm, PLC, West Des Moines, for
B. Howie of Shindler, Anderson, Goplerud & Weese, P.C.,
West Des Moines, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
Saluri appeals the district court's ruling on a
postsecondary education subsidy. We find the district court
correctly found good cause for the subsidy and properly
applied the statutory three-step process to calculate
James's share of the subsidy. The court did not abuse its
discretion in awarding Sandra Saluri attorney fees. We
Background Facts & Proceedings
and Sandra were previously married. They are the parents of
N.S., born in 1997, and T.S., born in 1999. The parties'
dissolution decree, filed on February 1, 2013, did not
include a postsecondary education subsidy but did reserve the
court's jurisdiction to determine the appropriate
contribution from each party.
19, 2018, Sandra filed a motion to establish the parties'
postsecondary subsidy for both children. N.S. was a rising
senior at Iowa State University and T.S. was going to be a
freshman at the University of Iowa.
August 29, the court held a hearing at which both parents
testified. James testified he thought the children should pay
for their own schooling. He testified his current wife had a
full-time job and paid her own child support obligations and
divorce expenses and their joint cell phone bill. James
testified he was responsible for all other regular household
expenses, which took up nearly his entire monthly income.
James did not offer any support for his claimed expenses. The
court ordered James and Sandra each contribute $5027.00
toward N.S.'s expenses for the 2018-2019 school year. The
court ordered each to contribute $6623.25 toward T.S.'s
2018-2019 postsecondary education expenses. The contributions
were to be made directly to either the schools or the
children. The court also ordered James pay $1500 of
Sandra's attorney fees.
filed a motion to enlarge or amend, requesting the court
modify the subsidy for T.S. down to $150 per month, eliminate
the subsidy for N.S., and eliminate the attorney fees
awarded. The court found James was not credible concerning
his claim that his wife contributed nothing to household
expenses, and noted James offered no support for his claimed
expenses. The court did not modify its ruling. James appeals.
Standard of Review
proceeding to modify or implement a marriage dissolution
decree subsequent to its entry is triable in equity and
reviewed de novo on appeal." In re Marriage of
Pals, 714 N.W.2d 644, 646 (Iowa 2006) (citation
omitted). In equity proceedings, we give weight to the
factual findings of the district court, especially when
considering the ...