Brandon Michael Skaggs v. Kodi Jo Carson
CourtCourt of Appeals of Iowa
Date FiledMay 27, 2026
Docket25-1282
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 25-1282
Filed May 27, 2026
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Brandon Michael Skaggs,
Plaintiff–Appellant,
v.
Kodi Jo Carson,
Defendant–Appellee.
_______________
Appeal from the Iowa District Court for Linn County,
The Honorable Sean McPartland (temporary chapter 598C order) and
The Honorable Valerie L. Clay (modification order), Judges.
_______________
AFFIRMED
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Thomas J. Viner (argued), Cedar Rapids, attorney for appellant.
Rae M. Kinkead (argued) of Simmons Perrine PLC, Cedar Rapids, attorney
for appellee.
_______________
Heard at oral argument
by Ahlers, P.J., and Buller and Langholz, JJ.
Opinion by Langholz, J.
1
LANGHOLZ, Judge.
Brandon Skaggs and Kodi Carson are unmarried parents of a now-six-
year-old daughter. After the district court awarded joint legal custody and
placed the daughter in Carson’s physical care in November 2021, Skaggs
petitioned to modify the custody-and-support order to place the daughter in
the parents’ joint physical care. While that modification petition was pending
in December 2023, Carson—who has served in the Iowa National Guard
since before the parties met—received orders to deploy to Kosovo for nine
months. And after an expedited hearing under Iowa Code
Chapter 598C (2023), the court granted Carson’s request to give temporary
caretaking authority to her mother during her deployment and denied
Skaggs’s request for temporary physical care. By the time of the January 2025
modification trial, Carson’s deployment had ended. And the court denied
Skaggs’s modification petition because he failed to show a substantial change
in circumstances warranting modification and awarded Carson attorney fees.
Skaggs appeals both the temporary chapter 598C and modification orders.
Because the public-importance exception to the mootness doctrine
applies, we elect to reach the merits of Skaggs’s challenge to the temporary
chapter 598C order even though it is now moot. And on our de novo review,
we agree with the district court that section 598C.305 authorizes granting
caretaking authority here because the statutory requirements were met and
doing so was in the daughter’s best interest. We also agree that Skaggs failed
to show a substantial change in circumstances warranting a modification of
the current custody order. The district court did not abuse its discretion in
awarding trial attorney fees to Carson. And given the parties’ respective
abilities to pay and Carson’s success on appeal, we also award her appellate
attorney fees. We thus affirm the district court’s orders.
2
I. Background Facts and Proceedings
Skaggs and Carson had a short-term relationship while in their early
twenties that resulted in the birth of a daughter in July 2019. Their
relationship quickly deteriorated. And the next month, Skaggs petitioned
under Iowa Code chapter 600B to establish custody, place the daughter in the
parties’ joint legal custody and Skaggs’s physical care, and set the parties’
support obligations. After a two-day trial, the district court’s November 2021
order instead placed the daughter in Carson’s physical care with visitation for
Skaggs on alternating weekends and for three week-long periods in the
summer. Skaggs appealed, and our court affirmed. See Skaggs v. Carson,
No. 22-1075, 2022 WL 17481854, at *1 (Iowa Ct. App. Dec. 7, 2022).
Throughout this time, Carson was a member of the National Guard.
Indeed, she joined when she was eighteen—long before meeting Skaggs.
Because of her service, she spent much of 2022—roughly nine months—
assigned to National Guard training in Texas for a new flight medic position.
The daughter lived with Carson in Texas for some of that time and stayed
with Carson’s mother in Iowa other times, with Carson’s mother
transporting her back and forth for Skaggs’s scheduled visitation. Conflict
developed between the parties over these arrangements, and in May, Skaggs
filed for contempt. But the parties ultimately reached an agreement for a
modified visitation schedule and Skaggs dismissed his contempt action.
In February 2023—shortly after Carson returned from her National
Guard training in Texas and the conclusion of Skaggs’s appeal of the original
custody-and-support order—Skaggs petitioned to modify the order, again
seeking joint physical care. In September, a modification trial was scheduled
for January 2025.
3
Things came to a head again in December 2023 when Carson received
notice that she was to be deployed to Kosovo for another nine months. She
was to leave—initially for Texas—later that month and would return in
October 2024. Seven days after receiving her mobilization orders, Carson
emailed them to Skaggs. And the parties and their lawyers tried to reach an
agreement about plans for their daughter’s care. Carson proposed that her
mother care for the daughter in her absence along with some increased
visitation for Skaggs; Skaggs proposed placing her in his physical care for the
deployment. When they failed to reach an agreement, Skaggs applied for a
temporary order under Iowa Code section 598C.301, placing the daughter in
his physical care during the deployment. Carson resisted and argued that the
court should instead grant caretaking authority to her mother under Iowa
Code section 598C.305.
After an expedited hearing—at which Carson appeared remotely from
Texas—the court denied Skaggs’s request and granted Carson’s request to
give her mother temporary caretaking authority for the deployment with no
other change to the visitation schedule. The court reasoned that absent
chapter 598C, prior supreme court precedent “would dictate and mandate
placement of the child with Mr. Skaggs during the period of Ms. Carson’s
deployment”—but “the provisions of the statute require the Court here to
grant Ms. Carson’s request that the child be placed in the temporary care of
[Carson’s mother] until Ms. Carson’s deployment ends.” The court
explained that in deciding the best interest of the daughter, it looked to the
statutory factors in Iowa Code section 598C.305(4). And in weighing those
factors, Carson had “met her burden of establishing that the best interest of
the child also favors the placement of the child with the nonparent provider
[Carsons’s mother].”
4
Skaggs unsuccessfully moved for reconsideration and then filed a
notice of appeal of the district court’s temporary chapter 598C order. But
Carson moved to dismiss the appeal. And in April 2024, the supreme court
issued an order, signed by one justice, ruling: “The court determines the
challenged order is a temporary order that is not appealable as a matter of
right. Treating the appellant’s notice of appeal and resistance as an
application for interlocutory appeal, the application is denied.” Skaggs did
not seek review of the single-justice order. See Iowa R. App. P. 6.1002(5)(b)
(authorizing review of a single-justice order upon motion of a party within
ten days). So the temporary chapter 598C order stayed in effect for Carson’s
deployment.
Carson returned from the deployment in October 2024 as expected.
And then, Skaggs’s underlying modification petition was tried to the court in
January 2025. Carson represented herself at trial; Skaggs had an attorney.
The court denied Skaggs’s request to modify the November 2021
order to place the daughter in the parties’ joint physical care because he had
failed to prove a “substantial change in circumstances not contemplated by
the court or the parties when [the November 2021 order] was entered.” The
court found that the circumstances were “relatively unchanged” since the
original 2021 trial. And it reasoned:
[Carson’s] deployments were not unforeseen. Occasional active duty
deployments are part and parcel with service in the National Guard. In
fact, the court noted in the [November 2021 order] that “when she is called
into duty, the National Guard requires more time of her.” The Iowa
legislature enacted the Uniform Deployed Parents Custody and Visitation
Act (codified in Chapter 598C) for just such circumstances.
The court also granted Carson’s request for an award of $19,000 of her
attorney fees—she had been represented until just before trial, switching “to
5
limited representation because she could not afford to keep paying for full-
service legal fees.” 1 Skaggs now appeals, challenging both the temporary
order under Iowa Code chapter 598C and the order denying his modification
petition and awarding Carson attorney fees.
II. Temporary Caretaking Authority and Physical Care under
Chapter 598C During Carson’s Deployment
We start with Skaggs’s challenge to the district court’s temporary
order under Iowa Code chapter 598C granting Carson’s request to give
caretaking authority to her mother during her deployment and denying
Skaggs’s request for physical care during that same period. Carson argues
that we should not reach the merits of this challenge because her deployment
is over and the order is no longer in effect, rendering the challenge moot.
As a matter of “judicial restraint,” we generally “do not decide cases
when the underlying controversy is moot.” Grinnell Coll. v. Osborn,
751 N.W.2d 396, 398 (Iowa 2008) (cleaned up). A dispute is moot when our
decision would have no “force or effect in the underlying controversy.” Id.
(cleaned up). But “[i]f a moot case presents a question that has public
importance and is likely to recur, we may, in our discretion, still decide to
settle the question.” Wallace v. Wildensee, 990 N.W.2d 637, 642 (Iowa 2023).
When deciding whether to apply this public-importance exception, we
consider four factors: “(1) the private or public nature of the issue; (2) the
desirability of an authoritative adjudication to guide public officials in their
future conduct; (3) the likelihood of the recurrence of the issue; and (4) the
likelihood the issue will recur yet evade appellate review.” Id. (cleaned up).
1
Based on the parties’ updated child-support-guideline worksheets, the court also
modified Skaggs’s child-support obligation. Skaggs does not challenge that modification.
6
We agree with Carson that because the challenged order is no longer
in effect, the parties’ dispute over that order is moot. See Bartsch v. Bartsch,
636 N.W.2d 3, 10 (Iowa 2001) (holding that challenge to temporary order in
domestic-abuse proceeding was moot after it became ineffective);
In re Marriage of Curtis, No. 06-1392, 2007 WL 1201758, at *2 (Iowa Ct. App.
Apr. 25, 2007) (holding that dispute over court’s jurisdiction to issue a
temporary order modifying visitation-provision of decree was moot after
order was no longer in effect).
But even so, all four factors support applying the public-importance
exception. First, the scope of the court’s authority to temporarily place a
child of a deployed servicemember with a nonparent rather than a parent is a
public issue that affects more than just these two private parties. See Wallace,
990 N.W.2d at 642 (reasoning that “questions about state domestic relations
law” were “public”). Second, no appellate court has yet had the chance to
interpret chapter 598C since its enactment in 2016, so providing the district
courts guidance on the issue is desirable—especially given the expedited
timelines under which the courts are required to apply the statute. See id.
at 642–43 (relying on “desirability for authoritative adjudication to guide
district courts so the law is applied uniformly.”). Third, while the issue is not
routine, it is likely to arise again given the number of dissolution and custody
proceedings and the regular deployments of members of the National Guard
or other uniformed services in the State. And fourth, because of the
temporary nature of these orders and the need for expedited resolution, the
issue is likely to continue to evade appellate review. Cf. Iowa Dep’t of Health
& Hum. Servs. v. Iowa Dist. Ct., 27 N.W.3d 76, 82 (Iowa 2026) (applying the
exception to reach a temporary order “due to the expedited nature of child
welfare proceedings”). We thus exercise our discretion to reach the merits
under the public-importance exception.
7
Skaggs argues that the court erred in granting caretaking authority to
Carson’s mother under chapter 598C rather than to him for the duration of
Carson’s deployment. According to Skaggs, “under 598C a parent cannot
pass over the non-custodial parent in the custodial parent’s absence
(deployment).” And he contends “the Court did not place the child
according to the Child’s best interests.” Carson counters that chapter 598C
expressly authorizes a delegation of caretaking authority to a nonparent even
when there is a fit nondeployed parent, so long as the delegation is in the
child’s best interest. And Carson defends the court’s decision here because
the record shows that delegation to Carson’s mother was in the daughter’s
best interest. To resolve the dispute, we start with the text of chapter 598C.
Enacted in 2016, Iowa Code chapter 598C is Iowa’s version of the
Uniform Deployed Parents Custody and Visitation Act. See Iowa Code
§ 598C.101; 2016 Iowa Acts ch. 1084; see generally Mark E. Sullivan et al.,
The Uniform Deployed Parents Custody and Visitation Act, 27 J. Am. Acad.
Matrim. Law. 391 (2015). Replacing narrower Iowa-specific statutes,2 the Act
“addresses issues of child custody and visitation that arise when parents are
deployed in military or other service . . . to ensure that parents who serve
their country are not penalized for their service while still giving adequate
weight to the interests of the other parent, and, most importantly, the best
interest of the child.” Uniform Deployed Parents Custody and Visitation Act
[hereinafter “UDPCVA”], Prefatory Note. And we are directed that the
chapter “shall be applied and construed with consideration given to the need
to promote uniformity of the law with respect to its subject matter among
states that enact” the Act. Iowa Code § 598C.501.
2
See Iowa Code §§ 598.41C, .41D (2016); 2016 Iowa Acts ch. 1084, § 30; see also
In re Trotter, No. 12-0902, 2013 WL 541423, at *2–4 (Iowa Ct. App. Feb. 13, 2013).
8
The parties’ dispute centers on Iowa Code section 598C.305,3 which
provides in part:
On motion of a deploying parent and in accordance with a law of this state
other than this chapter, if it is in the best interest of the child, a court may
grant caretaking authority to a nonparent who is an adult family member
of the child or an adult with whom the child has a close and substantial
relationship.
Iowa Code § 598C.305(1). Section 598C.305 continues on—enacting text
that is not included in the Uniform Act—to require that “[i]n determining
the best interest of the child, the court shall ensure all of the following.” Id.
§ 598C.305(4). And it then lists five requirements for the specified
nonparent: (1) not being “a sex offender”; (2) not having “a history of
domestic abuse”; (3) not having “a record of founded child or dependent
adult abuse”; (4) having “a close and substantial relationship with the child”
such that granting the authority “will provide the child the opportunity to
maintain an ongoing relationship that is important to the child”; and
(5) demonstrating “an ability to personally and financially support the child”
and to “support the child’s relationship with both of the child’s parents
during the grant of caretaking authority or decision-making authority.” Id.
§ 598C.305(4)(a)–(e).4
3
While chapter 598C generally mirrors the section numbers of the Uniform Act,
Iowa Code section 598C.305 enacts a version of section 306 of the Uniform Act because
chapter 598C omits the Uniform Act’s section 301, providing a definition that chapter
598C puts with the other general definitions in Iowa Code section 598.102, and renumbers
the Uniform Act’s sections 302 through 311 accordingly. Compare Iowa Code § 598C.305,
with UDPCVA § 306; compare also UDPCVA § 301, with Iowa Code § 598C.102(4).
4
This added set of mandatory requirements is nearly identical to provisions that
were included in the earlier statute addressing the assignment of parenting time during a
parent’s active-duty military service. See Iowa Code § 598.41D(4)(b) (2016).
9
The “caretaking authority” that the statute authorizes the court to
grant is the generic term used in the Uniform Act to cover “the right to live
with and care for a child on a day-to-day basis,” including “physical custody,
parenting time, right to access, and visitation.” Id. § 598C.102(2). It thus
includes what our statutes and cases would typically call “physical care.”5 See
id. § 598.1(7). Where, as here, a prior permanent custody order has been
entered, the caretaking authority granted cannot be more than “[t]he amount
of time granted to the deploying parent” under that order “but the court may
add unusual travel time necessary to transport the child” and the
nondeployed parent may agree to a greater amount. Id. § 598C.305(2)(a).
And any grant of caretaking authority “is temporary” and automatically
terminates sixty days after the deploying parent gives notice that he or she
has returned from deployment unless the court otherwise terminates it. Id.
§ 598C.307(1); see also id. §§ 598C.402, .404.
Skaggs does not argue that Carson failed to show that her mother
meets any of the specific statutory requirements that the district court had
“to ensure” were met “[i]n determining the best interest of the child.” Id.
§ 598C.305(4). Rather, he argues that the daughter’s best interest more
generally required the court to place her in his physical care rather than with
Carson’s mother.
Skaggs is correct that a district court’s best-interest analysis under
section 598C.305 must involve more than merely ensuring the mandatory
requirements for the nonparent are satisfied. The statute authorizes the grant
of caretaking authority only “if it is in the best interest of the child” and “in
5
Section 598C.305 also includes a provision authorizing the court to “grant part
of a deploying parent’s decision-making authority”—or in our normal terminology, “legal
custody”—to a nonparent. Iowa Code § 598C.305(3). That provision is not at issue here.
10
accordance with a law of this state other than this chapter.” Id.
§ 598C.305(1). That text sweeps in our normal best-interest-of-the-child
standard that always governs physical-care decisions. See UDPCVA § 306
cmt. (noting that the “requirement that a grant of custodial responsibility be
‘in accordance with law of this state other than this [act]’ is also intended to
incorporate other relevant custody law in the state”). And nothing in the later
directive that certain requirements—that the nonparent not be a sex offender
and the like—must be satisfied, implies that if they are, the request must be
granted. After all, the statute is written as a discretionary grant of authority
that “a court may grant caretaking authority”—not that it shall. Id.
§ 598C.305(1).
So as with physical-care decisions outside of chapter 598C, in deciding
whether a grant of caretaking authority to a nonparent who meets the
mandatory requirements of section 598C.305(4) is in the child’s best interest,
we are guided by the factors in Iowa Code section 598.41(3) and those
identified by our supreme court in In re Marriage of Winter, 223 N.W.2d 165,
166–67 (Iowa 1974). Our goal “is to place the child[] in the environment most
likely to bring [her] to health, both physically and mentally, and to social
maturity.” In re Marriage of Hansen, 733 N.W.2d 683, 695 (Iowa 2007). And
we remain focused not on the “perceived fairness to” the parents but on
“what is best for the child.” Id.
Mindful of this guidance, on our de novo review we agree with the
district court’s conclusion that granting caretaking authority to Carson’s
mother rather than placing the daughter in Skaggs’s physical care was in the
daughter’s best interest. At the time of the court’s decision, the then-five-
year-old daughter had already spent a significant portion of her life with
Carson’s mother, living in her home with Carson for the daughter’s first two
11
years of life and being in her care during much of the nine months of Carson’s
training in Texas. Carson’s mother also lived in a nearby town allowing the
daughter to continue in her longtime daycare and her same preschool.
Skaggs, on the other hand, had never been the daughter’s primary caretaker.
He lived roughly an hour away. And placing the daughter in his care would
have required disruption of her daycare, school, and all the corresponding
relationships. We think the interests of stability, continuity, and supporting
the daughter’s existing relationships are especially important in this context
of a limited temporary order. So even though Skaggs is the child’s father, the
child’s best interests were served by granting caretaking authority to
Carson’s mother for the deployment period because it maintained the status
quo rather than uprooting the daughter’s life for nine months.
In arguing otherwise, Skaggs mainly contends that he “should not
come second to his child’s maternal grandmother.” And his position is not
without support in Iowa precedent decided before chapter 598C was enacted.
See In re Marriage of Grantham, 698 N.W.2d 140, 145 (Iowa 2005) (reasoning
that nondeployed parent’s “claim to temporary custody was clearly superior
to that of [the deploying parent’s] mother” and concluding “[t]hat she would
receive temporary custody on an application to the court was an almost
certain occurrence” after deploying parent left the children with his mother).
But the enactment of chapter 598C trumps that common-law precedent.
Section 598C.305 expressly authorizes granting caretaking time to a
nonparent even when there is another fit parent. There is no basis in its text
to adopt Skaggs’s interpretation that “a parent cannot pass over the non-
custodial parent.” To the contrary, its entire statutory scheme is premised on
giving a parent the chance to do so if it is in the child’s best interest. Skaggs’s
interpretation would render that scheme meaningless.
12
To be sure, there may well be times when it will be in a child’s best
interest to be placed in the physical care of the nondeployed parent rather
than granting caretaking authority to a nonparent. As the comments to the
Uniform Act explain, section 598C.305 “establishes no presumption for a
grant of custodial responsibility between such a nonparent and the child’s
other parent”—that decision must be made “based on the best interest of the
child.” UDPCVA § 306 cmt. But here, we agree with the district court that
granting caretaking authority to Carson’s mother during the deployment was
in the daughter’s best interest.
We thus affirm the district court’s temporary order under Iowa Code
chapter 598C granting Carson’s request to give caretaking authority to her
mother during her deployment and denying Skaggs’s request for physical
care during that same period.6
6
Skaggs also asks us to revisit the supreme court’s ruling in its April 2024 order
that the district court’s chapter 598C order was “not appealable as a matter of right.” He
argues that the chapter 598C order was a final order rather than an interlocutory order and
thus should have been appealable under Iowa Rule of Appellate Procedure 6.103(1).
Contrast In re Marriage of Prybil, 230 N.W.2d 487, 488 (Iowa 1975) (holding that temporary
alimony order issued before dissolution decree was final for purposes of appeal), with
In re Marriage of Denly, 590 N.W.2d 48, 51 (Iowa 1999) (holding that “[t]emporary
custody orders are not final judgments appealable as a matter of right, but rather are
interlocutory orders”). But Carson is correct—at least under these specific
circumstances—that the supreme court’s ruling is law of the case and thus binding on us.
See State v. Ragland, 812 N.W.2d 654, 658 (Iowa 2012) (“[A]n appellate decision becomes
the law of the case and is controlling on both the trial court and on any further appeals in
the same case.” (cleaned up)). Indeed, the law-of-the-case doctrine protects Skaggs from
the unfairness that would result if we were to hold that the order was final rather than
interlocutory because if it were, we could not review his challenge to the order since he
filed this appeal more than thirty days after that order. See Iowa R. App. P. 6.101(1); Prybil,
230 N.W.2d at 488 (holding that temporary alimony order was unreviewable on appeal
from the later dissolution decree).
13
III. Modification of Permanent Physical-Care Placement
Skaggs next challenges the district court’s denial of his petition to
modify the custody-and-support order to place the daughter in their joint
physical care rather than in Carson’s physical care. We review a district
court’s modification decision under chapter 600B de novo. Thorpe v.
Hostetler, 949 N.W.2d 1, 4 (Iowa Ct. App. 2020). And we apply the same
standards for modification of a physical-care placement set in an order under
chapter 600B as we do for one set in a dissolution decree. See Iowa Code
§ 600B.40(2) (providing that Iowa Code section 598.41 “shall apply” when
determining the visitation or custody arrangements” under the chapter);
Thorpe, 949 N.W.2d at 5.
Once physical care of a child has been set by the court, “it should be
disturbed only for the most cogent reasons.” In re Marriage of Frederici,
338 N.W.2d 156, 158 (Iowa 1983). And so, a parent seeking to modify a
physical-care provision bears a “heavy burden.” Id. The parent must show
“by a preponderance of evidence that conditions since the [the original
order] was entered have so materially and substantially changed that the
[child’s] best interest[] make[s] it expedient to make the requested change.”
Id. And to qualify, “[t]he changed circumstances must not have been
contemplated by the court when the [original order] was entered,” “they
must be more or less permanent, not temporary,” and “must relate to the
welfare of the children.” Id.
The district court denied Skaggs’s modification request because he
failed to meet this burden to prove a substantial change in circumstances
warranting modification. Skaggs argues that this was error, pointing to
Carson’s National Guard service outside of Iowa “for 18 months in the
previous 4 years” as “a huge change not contemplated.” But on our de novo
14
review, we agree with the district court that neither Carson’s nine-month
deployment to Kosovo nor her nine months of training in Texas rise to the
level of a change in circumstances warranting modification for at least two
reasons.
First, the possibility of future deployments was contemplated by the
court at the time of the original order in 2021. See id. Carson was already
serving in the National Guard. And the court order noted that while her
service normally required “a weekend a month and a couple weeks a summer
from her,” “when [she] is called into duty, the National Guard requires more
of her time.” What’s more, during cross-examination at the modification
hearing, Skaggs agreed that “being in the military, it is fair to be expectant of
additional trainings, annual trainings, [and] deployments.”
Second, these circumstances were not “more or less permanent.” Id.
Both the Texas training and the Kosovo deployment were temporary—each
about nine months. By the time of the modification hearing, Carson was no
longer deployed. And so, Skaggs cannot rely on the training and deployment
as grounds for a permanent modification.7
Skaggs points to no other grounds in the record for finding a material
and substantial change of circumstances warranting modification of the
7
For the first time on appeal, Carson also point us to another provision of Iowa’s
version of the Uniform Deployed Parents Custody and Visitation Act that provides: “In a
proceeding for custodial responsibility of a child of a service member, a court shall not
consider a parent’s past deployment or probable future deployment in general in
determining the best interest of the child.” Iowa Code § 598C.107; see also id.
§ 598C.102(9) (defining deployment under the Act). Because this provision was not raised
to—or addressed by—the district court, we do not decide whether it would provide
another reason that Carson’s Texas training, Kosovo deployment, or both had to be
disregarded in deciding whether to modify the daughter’s physical-care placement.
15
daughter’s physical-care placement. He thus failed to carry his heavy burden,
and we affirm the district court’s denial of his request to modify the physical-
care provision of the November 2021 order.
IV. Trial and Appellate Attorney Fees
Finally, Skaggs appeals the district court’s award of $19,000 in trial
attorney fees to Carson. And Carson asks that we award her some amount of
her appellate attorney fees.
The district court has discretion whether to award the prevailing party
attorney fees in a chapter 600B modification proceeding. See Iowa Code
§ 600B.26 (“In a proceeding . . . to modify a paternity, custody, or visitation
order under this chapter, the court may award the prevailing party reasonable
attorney fees.”). In exercising that discretion, the court must consider the
parties’ respective abilities to pay. See Markey v. Carney, 705 N.W.2d 13, 26
(Iowa 2005). We review the district court’s decision whether to award fees
for abuse of discretion. See id. at 25. We also have discretion to award
appellate attorney fees to the prevailing party. See id. at 26. And we similarly
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 trial court’s decision on appeal.” Id. (cleaned up).
We see no abuse of discretion in the district court’s attorney-fee award.
Carson was the prevailing party. Skaggs has a much greater ability to pay—
with more than double Carson’s income and no mortgage or rent expenses.
On appeal for the first time, Skaggs contends the court overlooked the effect
of his own legal expenses on his ability to pay. But this argument fails because
he did not present evidence of his attorney fees in the district court. We thus
affirm the district court’s attorney-fee award.
16
We also agree that an award of appellate attorney fees to Carson is
appropriate. Carson prevailed in this appeal after having to defend the district
court’s decision. Skaggs still has a greater ability to pay than Carson. And
Carson has helpfully submitted attorney-fee affidavits showing that an award
of $8,000 of her appellate attorney fees is reasonable. See In re Marriage of
Samuels da Fonseca Silva, 15 N.W.3d 801, 808–09 (Iowa Ct. App. 2024)
(noting our preference that parties submit attorney-fee affidavit that provides
“an itemization of the attorney’s time expended, tasks performed, and
hourly rate that provides sufficient detail for us to exercise our discretion in
deciding a reasonable fee award” on appeal without remand). We thus award
Carson $8,000 in appellate attorney fees.
AFFIRMED.
17