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IN THE COURT OF APPEALS OF IOWA No. 8-282 / 07-1461 Filed May 29, 2008

IN RE THE MARRIAGE OF JENNIFER E. COX AND STEVEN D. COX Upon the Petition of JENNIFER E. COX n/k/a WILSON, Petitioner-Appellee/Cross-Appellant, And Concerning STEVEN D. COX, Respondent-Appellant/Cross-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.

Steve Cox appeals, and Jennifer Cox cross-appeals, from the order modifying the spousal support provisions of the decree dissolving their marriage. AFFIRMED.

Michael Oliver of Oliver Law Firm, Des Moines, for appellant. Jennifer Jaskolka-Brown of Sullivan & Ward, West Des Moines, for appellee.

Considered by Miller, P.J., and Vaitheswaran and Eisenhauer, JJ.

2 VAITHESWARAN, J. This appeal involves the district court's modification of a spousal support award. I. Background Facts and Proceedings. The dissolution decree

Steve and Jennifer Cox divorced in 2004.

provided that Steve would pay Jennifer spousal support of $1650 per month until either party's death or Jennifer's remarriage. In 2006, Steve lost his job with the company that had employed him for almost twenty-seven years. He petitioned to modify the spousal support portion of the decree. Following an evidentiary hearing, the district court determined that Steve's loss of employment was a material and substantial change in circumstances not contemplated when the decree was entered. The court further found Steve would be unlikely to secure employment at the same level of compensation he previously enjoyed and his lesser earning capacity was permanent. The court reduced the spousal support award from $1650 to $1500 per month and ordered Steve to pay $2000 of Jennifer's trial attorney fees. Steve appealed and Jennifer cross-appealed. Steve seeks a "substantial decrease[ ]" in the spousal support order and elimination of the $2000 trial attorney fee award. In her cross-appeal, Jennifer maintains the spousal support award should not have been reduced and Steve should have been ordered to pay her entire trial attorney fee bill. requests appellate attorney fees. She also

3 II. Spousal Support.

In determining whether there was a substantial change of circumstances, a court may consider "changes in the employment, earning capacity, income, or resources of a party." Iowa Code

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