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In re Okones

Court of Appeals of Iowa
Apr 27, 2011
801 N.W.2d 33 (Iowa Ct. App. 2011)

Opinion

No. 10-0973.

April 27, 2011.

Appeal from the Iowa District Court for Tama County, Nancy J. Baumgartner, Judge.

Husband appeals alimony award. AFFIRMED.

Melissa A. Nine and Barry S. Kaplan of Kaplan, Frese Nine, LLP, Marshalltown, for appellant.

David H. Correll of Engels, Galles Demro, PLC, Cedar Falls, for appellee.

Considered by VAITHESWARAN, P.J., and EISENHAUER and TABOR, JJ.


In this dissolution action the district court ordered Jeffrey Okones to pay 2000 per month traditional alimony to Diane Okones "until Diane reaches the age of 66, or until [Diane or Jeffrey] dies, or upon the marriage of [Diane], whichever occurs first."

On appeal, Jeffrey acknowledges traditional alimony is warranted. However, Jeffrey requests "the alimony be reduced to 800 per month until [Jeffrey] turns age 66, either party dies or Diane remarries." Diane seeks appellate attorney fees and requests we tax the costs of this appeal to Jeffrey.

We review this equity case de novo. Iowa R. App. P. 6.907. Because we agree with the district court's reasoning, its conclusions under the facts presented, and its application of the law, we affirm pursuant to Iowa Rule of Appellate Procedure 6.1203( a), ( d).

We order Jeffrey to pay 1500 for Diane's appellate attorney fees. See In re Marriage of Okland, 699 N.W.2d 260, 270 (Iowa 2005) (noting award is within our discretion). Costs are taxed to Jeffrey.

AFFIRMED.


Summaries of

In re Okones

Court of Appeals of Iowa
Apr 27, 2011
801 N.W.2d 33 (Iowa Ct. App. 2011)
Case details for

In re Okones

Case Details

Full title:In re Marriage of Okones

Court:Court of Appeals of Iowa

Date published: Apr 27, 2011

Citations

801 N.W.2d 33 (Iowa Ct. App. 2011)