Opinion
No. 2-1040 / 02-0804.
Filed March 12, 2003.
Appeal from the Iowa District Court for Polk County, ROBERT A. HUTCHISON, Judge.
Stephanie DuBois appeals from a ruling on Jerry DuBois's application to modify the parties' dissolution decree. AFFIRMED.
Robert Laden of Laden Pearson, P.C., Des Moines, and Stacey Warren of Babich, Goldman, Cashatt Renzo, P.C., Des Moines, for appellant.
Mike Christensen, Des Moines, and Jeanne Johnson, Des Moines, for appellee.
Considered by HUITINK, P.J., and MAHAN and HECHT, JJ.
Stephanie DuBois appeals from the child support provisions of a ruling on Jerry DuBois's application to modify their dissolution decree. The district court modified the decree of dissolution by reducing Jerry's monthly child support obligation from $1200 to $398.81. We review this matter de novo. See In re Marriage of Walters, 575 N.W.2d 739, 740 (Iowa 1998). Upon our de novo review, we adopt the district court's well-reasoned findings and conclusions as our own, and therefore affirm the ruling.
Stephanie requests an award of appellate attorney fees. An award of attorney fees is not a matter of right, but rests within the court's discretion. In re Marriage of Gilliam, 525 N.W.2d 436, 439 (Iowa Ct.App. 1994). We are to consider the needs of the party making the request, the ability of the other party to pay, and whether the party making the request was obligated to defend the trial court's decision on appeal. In re Marriage of Roberts, 545 N.W.2d 340, 345 (Iowa Ct.App. 1996). In consideration of these factors, we award no attorney fees.