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In re Marriage of Shanks3/14/2001
997. Iowa Code section 598.21(5A) became effective July 1, 1997. The district court should not have modified the decree to conform to the statutory amendment. We modify the decision of the district court by reinstating the post-secondary education support provisions of the original dissolution decree.
VI. Health Insurance Premium Reimbursement.
The decree of dissolution gave Lora the right to COBRA health insurance benefits under the existing policy and obligated her to pay her representative share of the premium. Randall did not initially make a determination what portion of the total premium related to Lora's coverage. Lora's monthly portion of the total premium was $87. Randall did not send Lora monthly bills or statements during the year following the decree during which her coverage was in effect. The district court ordered Lora to repay Randall the $1044 ($87 x 12 months) he paid, which represents her portion of the total insurance premium, as ordered in the decree. Lora argues Randall made the mistake in paying her portion of the premium and not determining how much of it was her responsibility, therefore she should not be required to repay him. The district court found no basis for Lora's refusal to pay her share of the premium as set forth in the decree. We also find no basis for Lora's refusal and affirm the judgment of the district court in favor of Randall in the amount of $1044, and affirm on this issue.
VII. Attorney Fees.
Lora requests an award of both trial and appellate attorney fees. Randall requests appellate attorney fees. The district court has considerable discretion in awarding attorney fees. In re Marriage of Wessels, 542 N.W.2d 486, 491 (Iowa 1995). It ordered the parties to pay their own attorney fees. We find no abuse of discretion and affirm the district court's judgment concerning attorney fees.
An award of appellate attorney fees is not a matter of right. In re Marriage of Benson, 545 N.W.2d 252, 258 (Iowa 1996). We 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 district court's decision on appeal. In re Marriage of Ales, 592 N.W.2d 698, 704 (Iowa Ct. App. 1999). Randall is better able to pay appellate attorney fees; however, he is the party defending the district court's decision on appeal. We determine no award of appellate attorney fees for either party is appropriate. Costs of this appeal are divided equally between the parties.
AFFIRMED AS MODIFIED.
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