In Re the Marriage of Guyer, 522 N.W.2d 818 (Iowa 1994). · Go Syfert
In Re the Marriage of Guyer, 522 N.W.2d 818 (Iowa 1994). Cases Citing This Book View Copy Cite
“principles of res judicata preclude a court from relitigating an issue or claim that has been previously decided.”
145 citation events (118 in the last 25 years) across 3 distinct courts.
Strongest positive: In the Interest of M.A. and M.A., Minor Children (iowactapp, 2024-04-10)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In the Interest of M.A. and M.A., Minor Children
Iowa Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
principles of res judicata preclude a court from relitigating an issue or claim that has been previously decided.
discussed Cited as authority (verbatim quote) In re the Marriage of Martinez
Iowa Ct. App. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
trial courts have considerable discretion in awarding attorney fees.
cited Cited as authority (rule) In re the Marriage of Huegerich
Iowa Ct. App. · 2026 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” Id. (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
discussed Cited as authority (rule) Louis Ngor v. Nyabet Kak
Iowa Ct. App. · 2026 · confidence medium
But this is not the only factor the court will consider when assessing attorney fees, see In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994), and the district court here agreed that the parties “earn roughly the same income . . . but the receipt of the [$35,000] lump sum payment clearly places [Ngor] in a better position to cover attorneys’ fees in this matter.” As the court concluded, “[t]o allow him to keep this full payment while not imputing the former Bridgestone income into the child support calculations would create an injustice.” The district court was not unreasonable …
cited Cited as authority (rule) In re the Marriage of Bell
Iowa Ct. App. · 2025 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
discussed Cited as authority (rule) Bryan Michael Loya v. Carly Jane Flaws n/k/a Carly Jane Collette
Iowa Ct. App. · 2025 · confidence medium
In modification proceedings, “[w]hether attorney fees should be awarded depends on the respective abilities of the parties to pay,” and “the fees must be fair and reasonable.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In re the Marriage of Bashore
Iowa Ct. App. · 2024 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” Id. (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
discussed Cited as authority (rule) In re Marriage of Sanders
Iowa Ct. App. · 2024 · confidence medium
Because the court had no itemization in making this large award, we cannot assess whether the fees awarded were “fair and reasonable.” See In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994) (requiring that awards of trial attorney fees “be fair and reasonable”).
discussed Cited as authority (rule) In re the Marriage of Pipes
Iowa Ct. App. · 2023 · confidence medium
The key factor to be considered is “the respective abilities of the parties to pay.” Sullins, 715 N.W.2d at 255 (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)). 8 Frances argues that the district court should have awarded her the entire $7500 in fees that she owes her attorney.
discussed Cited as authority (rule) In re the Marriage of Cowger
Iowa Ct. App. · 2023 · confidence medium
Brad’s filing status is married filing separately while Leslie’s is head of household, with each party claiming two children as dependents (at first) and the children’s health coverage being through hawk-i. For the step downs, we have also done recalculations and averaging to reach the amounts for when only certain children can be claimed as dependents and the greater number of exemptions shifts between the parties in alternating years. 14 Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re the Marriage of Prenger
Iowa Ct. App. · 2023 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” Id. (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re Marriage of Bloomquist
Iowa Ct. App. · 2023 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” Sullins, 715 N.W.2d at 255 (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re The Marriage of O'Brien
Iowa Ct. App. · 2022 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In re the Marriage of Snyder
Iowa Ct. App. · 2022 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” Id. (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re the Marriage of Cickavage
Iowa Ct. App. · 2022 · confidence medium
In addition, the fees must be fair and reasonable.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994) (internal citation omitted).
cited Cited as authority (rule) In re the Marriage of McCabe
Iowa Ct. App. · 2022 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In re Marriage of Meints
Iowa Ct. App. · 2022 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) Joseph Kocinski v. Heather L. Christiansen n/k/a Heath L. Soyer
Iowa Ct. App. · 2021 · confidence medium
Trial attorney’s fees should be based on “the respective abilities of the parties to pay” and “must be fair and reasonable.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In re the Marriage of Towne
Iowa Ct. App. · 2021 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” Id. (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
discussed Cited as authority (rule) In re the Marriage of Olson
Iowa Ct. App. · 2021 · confidence medium
(Footnote omitted.) Trial attorney fees should be based “on the respective abilities of the parties to pay” and “must be fair and reasonable.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In re the Marriage of Pazhoor
Iowa Ct. App. · 2021 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
discussed Cited as authority (rule) In re the Marriage of Krug
Iowa Ct. App. · 2020 · confidence medium
Next, Steven maintains the district court abused its discretion when it ordered him to pay $10,000 of Amy’s attorney fees.2 “Trial courts have considerable discretion in awarding attorney fees,” and any award of fees “must be fair and reasonable.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
discussed Cited as authority (rule) Sydney Bowlin v. William Cody Swim (2×) also: Cited "see"
Iowa Ct. App. · 2020 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
discussed Cited as authority (rule) In re the Marriage of Rife (2×) also: Cited "see"
Iowa Ct. App. · 2020 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re the Marriage of Curtis
Iowa Ct. App. · 2019 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
discussed Cited as authority (rule) In re the Marriage of Carter
Iowa Ct. App. · 2019 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” In re Marriage of Sullins, 715 N.W.2d 242, 255 (Iowa 2006) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re the Marriage of Mabbitt
Iowa Ct. App. · 2019 · confidence medium
Sullins, 715 N.W.2d at 255 (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re the Marriage of Dauterive
Iowa Ct. App. · 2019 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In re the Marriage of Wood
Iowa Ct. App. · 2019 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In re the Marriage of Lynch
Iowa Ct. App. · 2019 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In re the Marriage of Bechthold
Iowa Ct. App. · 2018 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Witten, 672 N.W.2d 768, 784 (Iowa 2003) (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
discussed Cited as authority (rule) In re Marriage of Firestone
Iowa Ct. App. · 2018 · confidence medium
Whether attorney fees should be awarded depends on the parties’ respective abilities to pay, see In re Marriage of Sullins, 715 N.W.2d 242, 255 (Iowa 2006), and fees awarded must be fair and reasonable, see In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 8 1994).
cited Cited as authority (rule) In re Marriage of Lange
Iowa Ct. App. · 2017 · confidence medium
“Whether attorney fees should be awarded depends on the respective abilities of the parties to pay.” Id. at 255 (quoting In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994)).
cited Cited as authority (rule) In Re the Marriage of George Thomas Davis III and Lizeth Marie Barcelo Aviles Upon the Petition of George Thomas Davis III, and Concerning Lizeth Marie Barcelo Aviles
Iowa Ct. App. · 2017 · confidence medium
“In addition, the fees must be fair and reasonable.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Joanna L. Stanley and Tyler L. Stanley Upon the Petition of Joanna L. Stanley, N/K/A Joanna L. Linn, and Concerning Tyler L. Stanley
Iowa Ct. App. · 2017 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Marcy Lea Kerkhoff and Neal Kenneth Kerkhoff Upon the Petition of Marcy Lea Kerkhoff, petitioner-appellant/cross-appellee, and Concerning Neal Kenneth Kerkhoff, respondent-appellee/cross-appellant.
Iowa Ct. App. · 2016 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Eron Andrews and Mary Andrews Upon the Petition of Eron Andrews, and Concerning Mary Andrews
Iowa Ct. App. · 2016 · confidence medium
Additionally, the award must be “fair and reasonable.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Tiffany Lane Schultzen and Brad James Schultzen Upon the Petition of Tiffany Lane Schultzen, petitioner-appellee/cross-appellant, and Concerning Brad James Schultzen, respondent-appellant/cross-appellee.
Iowa Ct. App. · 2016 · confidence medium
“Trial courts have considerable discretion in awarding attorney fees.” In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In the Matter of Property Seized for Forfeiture From Shelby Anthony Vogt Shelby Anthony Vogt, Applicant-Appellant.
Iowa Ct. App. · 2016 · confidence medium
“Principles of res judicata preclude a court from relitigating an issue or claim that has been previously decided.” In re Marriage of Guyer, 522 N.W.2d 818, 821 (Iowa 2003).
cited Cited as authority (rule) In Re the Marriage of Brittni Heitman and Andrew Heitman Upon the Petition of Brittni Heitman, and Concerning Andrew Heitman
Iowa Ct. App. · 2016 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
discussed Cited as authority (rule) In Re the Marriage of Dawn Leann Sheriff and James Alexander Sheriff Upon the Petition of Dawn Leann Sheriff, N/K/A Dawn Leann Kennedy, and Concerning James Alexander Sheriff
Iowa Ct. App. · 2015 · confidence medium
Whether attorney fees should be awarded depends on the parties’ respective abilities to pay, see In re Marriage of Sullins, 715 N.W.2d 242, 255 (Iowa 2006), and fees awarded must be fair and reasonable, see In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Jennifer M. Velde and Adam R. Velde Upon the Petition of Jennifer M. Velde, and Concerning Adam R. Velde
Iowa Ct. App. · 2015 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Luke Daniel Snowden and Amy Marie Snowden Upon the Petition of Luke Daniel Snowden, and Concerning Amy Marie Snowden, N/K/A Amy Marie Costello
Iowa Ct. App. · 2015 · confidence medium
See id.; In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
discussed Cited as authority (rule) In Re the Marriage of Chad Frasher and Jennifer Frasher Upon the Petition of Chad Frasher, and Concerning Jennifer Frasher (2×) also: Cited "see"
Iowa Ct. App. · 2015 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Charity Ann Dowell and Troy Daniel Dowell Upon the Petition of Charity Ann Dowell, N/K/A Charity Ann Schneider, and Concerning Troy Daniel Dowell
Iowa Ct. App. · 2014 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
discussed Cited as authority (rule) In Re the Marriage of Vicki M. Van Veldhuizen and Randy H. Van Veldhuizen Upon the Petition of Vicki M. Van Veldhuizen, and Concerning Randy H. Van Veldhuizen
Iowa Ct. App. · 2014 · confidence medium
Whether attorney fees should be awarded depends on the parties’ respective abilities to pay, see In re Marriage of Sullins, 715 N.W.2d 242, 255 (Iowa 2006), and fees awarded must be fair and reasonable, see In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
discussed Cited as authority (rule) In Re the Marriage of Tracy Lee Ginger and Tanya L. Ginger Upon the Petition of Tracy Lee Ginger, and Concerning Tanya L. Ginger, N/K/A Tanya L. Rohwer
Iowa Ct. App. · 2014 · confidence medium
See Iowa Code § 598 .21C(2)(a); In re Marriage of Guyer, 522 N.W.2d 818, 821 (Iowa 1994) (holding that an increase in salary, which resulted in a child support obligation that increased from $1442 to $2514, constituted a substantial change in circumstances, given the amount of child support varied by more than ten percent from the amount owed under the original decree).
discussed Cited as authority (rule) In Re the Marriage of John M. Stepanek and Jacqueline Stepanek Upon the Petition of John M. Stepanek, petitioner-appellant/cross-appellee, and Concerning Jacqueline Stepanek, respondent-appellee/cross-appellant.
Iowa Ct. App. · 2014 · confidence medium
Whether attorney fees should be awarded depends on the parties’ respective abilities to pay, see In re Marriage of Sullins, 715 N.W.2d 242, 255 (Iowa 2006), and fees awarded must be fair and reasonable, see In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
cited Cited as authority (rule) In Re the Marriage of Brian Robert Charlet and Pamila Kay Charlet Upon the Petition of Brian Robert Charlet, and Concerning Pamila Kay Charlet
Iowa Ct. App. · 2014 · confidence medium
In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
discussed Cited as authority (rule) In Re the Marriage of Amy L. Schmadeke and Thomas Z. Schmadeke Upon the Petition of Amy L. Schmadeke, and Concerning Thomas Z. Schmadeke
Iowa Ct. App. · 2014 · confidence medium
Whether attorney fees should be awarded depends on the parties’ respective abilities to pay, see In re Marriage of Sullins, 715 N.W.2d 242, 255 (Iowa 2006), and fees awarded must be fair and reasonable, see In re Marriage of Guyer, 522 N.W.2d 818, 822 (Iowa 1994).
Retrieving the full opinion text from the archive…
In Re the MARRIAGE OF Carla Sue GUYER and Curtis Dale Guyer. Upon the Petition of Carla Sue Guyer, Appellee, and Concerning Curtis Dale Guyer, Appellant
93-1321.
Supreme Court of Iowa.
Oct 19, 1994.
522 N.W.2d 818
Fred Stiefel of Park, Martens & Stiefel, Victor, for appellant., Lee Walker and John E. Billingsley of Walker, Knopf & Billingsley Newton, for ap-pellee.
McGiverin, Layorato, Neuman, Andreasen, Ternus.
Cited by 85 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 58%
Citer courts: Supreme Court of Iowa (1)
TERNUS, Justice.

The appellant, Curtis Guyer, appeals from the trial court’s modification order increasing the amount of child support he must pay to the appellee, Carla Guyer. We affirm because we believe that Carla has shown a substantial change in circumstances entitling her to an increase in child support.

To fully understand the arguments of the parties, we must go back to the circumstances surrounding the original decree entered in the dissolution action between Curtis and Carla. In November 1990, the district court dissolved the parties’ marriage and granted them joint custody of their two children. The court awarded Carla primary care of the children and ordered Curtis to pay child support of $450 per month. This figure was below the amount calculated under the child support guidelines in effect at that time.

The decree in the dissolution action incorporated the joint stipulation of Curtis and Carla, including the amount of child support. The district court was aware that this amount deviated from the guidelines but simply noted in its decree that following the guidelines “would be inappropriate.” [1] The decree required the Guyers to informally adjust the amount of child support based on their incomes as the needs of the children increased. It also provided that if they could not agree, they should apply for a modification of the decree.

Two years after the dissolution decree, Carla attempted to negotiate an increase in the amount of child support. Curtis, however, was not cooperative. Consequently, in January 1993, Carla filed the present action to modify the support provisions of the decree. Carla’s petition asserted the adoption of Iowa Code section 598.21(9) (1993) [2] and an increase in the cost of raising the children as substantial changes of circumstances.

The trial court found that Curtis’ net monthly income had increased from $1442 at the time of the decree to $2514 at the time of the modification. It also found that Carla’s income had increased from $325 to $632 per month. The court concluded there had been a substantial change in circumstances, citing section 598.21(9). It increased child support to $827 per month and ordered Curtis to pay $1000 toward Carla’s attorney fees. Curtis appealed.

Our review is de novo. Iowa RApp.P. 4. We give weight to the trial court’s factual findings, but we are not bound by them. Iowa R.App.P. 14(f)(7).

I. Before we consider whether Carla proved a substantial change in circumstances, we address Curtis’ argument that the trial court erred in concluding that his net monthly income at the time of the dissolution was $1442. This figure came from the financial affidavit Curtis filed in the dissolution action several months prior to the decree. Curtis points out that by the time the dissolution decree was entered his income had increased. He wants us to use his actual net monthly income at the time of the decree to compare with his current income. If we do, the increase in his income for purposes of determining whether there has been a substantial change in circumstances is much less.

We refuse to do as Curtis asks. The evidence shows that when the dissolution decree was entered, neither Carla nor the court was aware that Curtis’ income had increased from the time he filed his affidavit. Not surprisingly, Curtis made no effort to inform Carla or the court of this change. Curtis benefited from Carla’s lack of knowledge once. We will not allow him to benefit a second time. Therefore, we use the income figure contained in the affidavit he filed in the dissolution action because it was the ba[*821] sis for the child support awarded in the original decree.

II. Curtis’ primary argument on appeal is that Carla cannot rely on section 598.21(9) to prove a substantial change in circumstances. That section says that a substantial change in circumstances exists when child support varies by more than ten percent from the amount that would be due under the current guidelines. Curtis claims that because Carla agreed to the original amount of child support and its variance from the guidelines amount, she cannot now claim a substantial change in circumstances based on this variance. Curtis relies on the doctrine of res judicata.

Principles of res judicata preclude a court from relitigating an issue or claim that has been previously decided. Israel v. Farmers Mut. Ins. Ass’n, 339 N.W.2d 143, 146 (Iowa 1983). To preclude relitigation of the child support set in the dissolution decree, Curtis must meet the requirements for application of that aspect of res judicata known as issue preclusion. One prerequisite for application of that doctrine is that the issue litigated in the prior action be identical. Id.

The problem with Curtis’ argument is that the issue in the modification hearing was whether there had been a substantial change in circumstances based on Curtis’ current income. The trial court here did not revisit the wisdom of the deviation from the guidelines in the original decree. That was a different issue, involving substantially different income figures for both parties. Consequently, the doctrine of issue preclusion does not apply. We express no opinion on whether issue preclusion would apply had the change in the parties’ incomes not been substantial.

Based on the parties’ - current incomes, the amount of child support Curtis was obligated to pay varied by more than ten percent from the amount owing under the current guidelines. Therefore, under section 598.21(9), there had been a substantial change in circumstances.

Even if we were to ignore section 598.21(9), Carla proved a substantial change in circumstances under section 598.21(8)(a). That section provides that the court shall consider changes in the income of a party when deciding if a substantial change in circumstances exists. Curtis’ income increased substantially since the child support was originally set. There is nothing in the dissolution decree to indicate that the trial court set the amount of child support in contemplation of. such a significant increase in Curtis’ income. See In re Marriage of Feustel, 467 N.W.2d 261, 263 (Iowa 1991) (the change in circumstances must not have been within the contemplation of the court when the decree was entered). Therefore, we hold that Carla proved a substantial change in circumstances under section 598.21(8)(a). See In re Marriage of Bergfeld, 465 N.W.2d 865, 867, 870 (Iowa 1991) (father’s increase in income from $1200 per month to $2626 per month was a substantial change in circumstances).

III. Curtis contends that even if a change in support is warranted, any change must be made according to the procedures set out in the parties’ stipulation as incorporated in the dissolution decree. These procedures contemplated informal adjustments as the children grew older. The parties agreed in the stipulation that if informal adjustments were not possible, either party could request a modification with the court based on financial affidavits, “without a further showing of change of circumstances, other than economic.”

Curtis interprets this agreement to mean that if his income increased fifteen percent, then Carla would be entitled to a fifteen percent increase in child support. In essence, this interpretation of the stipulation would perpetuate the deviation from the child support guidelines without the showing required by the guidelines and our case law. See State ex rel. Reaves v. Kappmeyer, 514 N.W.2d 101, 104 (Iowa 1994) (adjustment of guidelines amount is permissible only when the scheduled amount would be unjust or inappropriate); Iowa Code § 598.21(4)(a) (1991). We do not believe the parties to a dissolution action have the power to avoid the child support guidelines in this manner.[*822] Therefore, we decide the amount of child support owed by Curtis under the present circumstances without regard to the “procedures” contained in the parties’ prior stipulation.

Curtis concedes on appeal that there is nothing in the record to show that the guidelines amount would be unjust or inappropriate. Therefore, we agree with the trial court’s decision that Curtis should be required to pay the amount set by the guidelines.

IV. Finally, we discuss the issue of attorney fees. Trial courts have considerable discretion in awarding attorney fees. In re Marriage of Geil, 509 N.W.2d 738, 748 (Iowa 1993). Whether attorney fees should be awarded depends on the respective abilities of the parties to pay. Id. In addition, the fees must be fair and reasonable. In re Marriage of Willcoxson, 250 N.W.2d 425, 427 (Iowa 1977). To overturn the award, Curtis must establish that the trial court abused its discretion. In re Marriage of Geil, 509 N.W.2d at 743.

Carla nets $632 per month, compared to Curtis’ net monthly income of $2514. Curtis does not claim that the fees were not fair and reasonable. We find no abuse of discretion in the award of attorney fees.

Carla also requests attorney fees on appeal. In addition to the factors discussed above, we consider whether the party making the request was obligated to defend the trial court’s decision on appeal. In re Marriage of Goer, 476 N.W.2d 324, 330 (Iowa 1991). We conclude upon the record before us that Curtis should contribute $1000 towards Carla’s appellate attorney fees.

AFFIRMED.

1

. When a court sets child support in an amount different from that required by the guidelines, the law requires "a record or written finding, based on stated reasons, that the guidelines would be unjust or inappropriate as determined under the criteria prescribed by the supreme court.” Iowa Code § 598.21(4)(a) (1993) (emphasis added). The decree entered in the dissolution case fell woefully short of this statutory requirement. (We note that the judge who ruled on the modification petition did not author the dissolution decree.)

2

. Iowa Code section 598.21(9) provides that "a substantial change in circumstances exists when the court order for child support deviates by ten percent or more from the amount which would be due pursuant to the most current child support guidelines....”