IN RE THE MARRIAGE OF YEHOSHUA ZELIG ARONOW AND RISE CAROL ARONOW Upon the Petition of YEHOSHUA ZELIG ARONOW, Petitioner-Appellant, And Concerning RISE CAROL ARONOW, Respondent-Appellee.
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IN THE COURT OF APPEALS OF IOWA
No. 9-343 / 08-1575
Filed May 29, 2009
IN RE THE MARRIAGE OF YEHOSHUA ZELIG ARONOW
AND RISE CAROL ARONOW
Upon the Petition of
YEHOSHUA ZELIG ARONOW,
Petitioner-Appellant,
And Concerning
RISE CAROL ARONOW,
Respondent-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Allamakee County, Todd A. Geer,
Judge.
A father appeals from an order concerning modification of custody,
visitation, child and spousal support, and contempt. AFFIRMED.
Barry S. Kaplan and Melissa A. Nine of Kaplan, Frese & Nine, L.L.P.,
Marshalltown, for appellant.
Robert L. Day, Jr. of Day & Hellmer, P.C., Dubuque, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.
2
DOYLE, J.
The parties have been involved almost continuously in litigation, including
contempt actions, appeals, and modifications, since their separation in 2005.
This is the fourth time this case comes before us. The great acrimony between
these parents and their long history of conflict is well chronicled in our previous
opinions. See In re Marriage of Aronow, No. 07-1873 (Iowa Ct. App. June 25,
2008); In re Marriage of Aronow, No. 06-0195 (Iowa Ct. App. July 12, 2007); In re
Marriage of Aronow, No. 05-1749 (Iowa Ct. App. Oct. 25, 2006). It would serve
no purpose to repeat it here. The issues presented in the current appeal are
modification of physical custody, visitation, child and spousal support, contempt,
and attorney fees.
After thoroughly reviewing the record and the parties’ arguments, we find
the district court’s order of August 25, 2008, to be right on the mark. The district
court’s order identifies and considers all the issues presented, and we approve of
the reasons and conclusions in the order. We affirm pursuant to Iowa Rule of
Appellate Procedure 6.24(1).
Zelig requests an award of appellate attorney fees. Appellate attorney
fees are not a matter of right, but rather rest in this court’s discretion. In re
Marriage of Sullins, 715 N.W.2d 242, 255 (Iowa 2006).
In arriving at our
decision, we consider the parties’ needs, ability to pay, and the relative merits of
the appeal. Id. Applying these factors to the circumstances in this case, we
conclude Zelig is not entitled to an award of appellate attorney fees. The costs of
this appeal are taxed to Zelig.
AFFIRMED.
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