In re the Marriage of Raven T. Mueller and Craig E. Mueller

Dubuque, Iowa family law lawyers represented the parties in a divorce action.

After sixteen years of marriage, Craig Mueller and Raven Kennicker divorced in December 2020. Under a parenting plan accepted by the court, Craig and Raven agreed to joint physical care of their daughter, L.A.M., born in 2014. Craig also agreed to pay $55 per month in child support, as provided in the Iowa Child Support Guidelines.[2] About two years later, the Child Support Recovery Unit (now known as Child Support Services (CSS)) undertook enforcement of Craig's obligation.[3] In October 2023, at Raven's request, CSS filed its notice of intent to review and adjust Craig's obligation. Craig asked to be heard on the proposed modification. In response, CSS certified the matter to the district court for an original hearing. See Iowa Code §§ 252H.3(3), 252H.8(8).



FAMILY LAW. CHILD SUPPORT MODIFICATION. The case deals with an appeal against a district court order modifying a father's child support obligation, focusing on issues of procedural fairness, calculation methodology, and appropriate judicial conduct during the hearing. The appellate court vacated and remanded the case for a new hearing and recalculation of obligations based on joint physical care guidelines.



CIVIL PROCEDURE. APPELLATE REVIEW. The legal issue pertains to whether the district court provided adequate opportunity for a fair hearing and based its child support modification on a correctly applied legal standard, necessitating a de novo review by the appellate court.



FAMILY LAW. ATTORNEY FEES. The case clarifies that under Iowa Code chapter 252H, there is no statutory authority for

awarding appellate attorney fees in child support modification proceedings, thus denying such requests.



Key Phrases Child support obligation. Fair hearing. Joint physical care. Child Support Services. Appellate attorney fees.

Vacated and remanded.