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IN THE COURT OF APPEALS OF IOWA No. 1-154 / 10-0812 Filed May 25, 2011

IN RE THE MARRIAGE OF DAVID L. ROBBINS AND ALLISON J. ROBBINS Upon the Petition of DAVID L. ROBBINS, Petitioner/Appellee/Cross-Appellant, And Concerning ALLISON J. ROBBINS, Respondent/Appellant/Cross-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Dallas County, William H. Joy, Judge.

A mother appeals from the district court's ruling dissolving her marriage. AFFIRMED AS MODIFIED.

Andrew B. Howie of Hudson, Mallaney, Shindler & Anderson, P.C., West Des Moines, for appellant. Jeanne K. Johnson, Des Moines, for appellee.

Considered by Vogel, P.J., and Doyle and Tabor, JJ.

2 VOGEL, P.J. Allison Robbins appeals from the district court's ruling dissolving her marriage to David Robbins. She asserts (1) the district court's spousal support award was inequitable in amount and duration, (2) the court wrongly applied the former child support guidelines, (3) the visitation schedule was not in the children's best interest, and (4) the court incorrectly found David must preapprove the children's medical expenses. She also requests appellate attorney fees. David cross-appeals, asserting the court erred in denying his Iowa Rule of Civil Procedure 1.904(2) motion to include specific orders regarding joint legal custody. We affirm the visitation schedule, but modify the spousal support award, and conclude the child support guidelines in effect July 1, 2009, should have been utilized. We also strike the provision that David must pre-approve medical expenses. As for David's cross-appeal, we affirm the district court's denial of his post-trial motion. I. Background Facts and Proceedings. David and Allison were married in July 1993. Three children were born of the marriage: Jonathon, born in 1996; Audrey, 2000; and Joseph, 2003. During the marriage, David completed a dental degree in 1994, followed by a medical degree in 1997. He went on to become a board certified plastic surgeon in 2004. Allison began her master's degree program in social work prior to the marriage, but completed it in 1994. Although Allison was employed as a social worker, in 2000, with the birth of the second child, the couple jointly decided that Allison would stay home to raise the children. To accommodate David's career

3 development, the family moved several times, finally locating in Des Moines in 2005. In January 2008, the parties separated. During the separation, David paid Allison $10,000 per month, in addition to making the mortgage payments and covering other household expenses. Following a trial, in September 2009 the court granted Allison and David joint legal custody of the parties' three children, with Allison having physical care, and David liberal visitation. The court found David's annual income, for purposes of calculating child support, to be $889,000, and imputed Allison's earning capacity to be $30,000, as she had stayed home with the children the previous eight years. In addition to a property award, the court awarded Allison $5000 per month in rehabilitative alimony for a period of one year. The court further

ordered David carry the medical insurance for the children, and pay for all medical expenses, but ordered those expenses be pre-approved by David. Allison appeals and David cross-appeals. II. Standard of Review. We review dissolution orders de novo. Iowa R. App. P. 6.907. However, the district court had the advantage of listening to and observing the parties and witnesses. In re Marriage of Zabecki, 389 N.W.2d 396, 398 (Iowa 1986).

Consequently, we give weight to the factual findings of the district court, especially when considering the credibility of witnesses, but are not bound by them. Iowa R. App. P. 6.904(3)(g); In re Marriage of Sullins, 715 N.W.2d 242, 247 (Iowa 2006).

4 III. Spousal Support Award. We first address Allison's contention that the district court's award of spousal support was inequitable in amount and duration. She asserts based on the length of the marriage, her sacrifice in putting her career on hold, and David's potential for future income, the rehabilitative alimony award of $5000 per month for twelve months is unfair. David responds that the denial of traditional and reimbursement alimony, and award of rehabilitative alimony was appropriate. "The payment of alimony is not an absolute right; ra ther, whether a court awards alimony depends on the particular circumstances of each case." In re Marriage of Becker, 756 N.W.2d 822, 825 (Iowa 2008). The legislature has listed certain factors a court should consider when deciding whether to award spousal support. Iowa Code

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