In re Marriage of Whiteside, 7-716 / 07-0739 (Iowa App 2007) where the Court stated in part, “II. A. The district court exceeded its statutory authority in ordering Harry to pay Amber’s trial attorney fees, as Iowa Code section 598.24 (2005) does not authorize taxation of trial attorney fees against a party seeking a contempt finding. B. Iowa Rules of Civil Procedure 1.413 served as no basis for the district court’s award of trial fees, as Amber did not invoke, nor did the district court rely on, that rule as a basis for its award of trial attorney fees. III. A. Section 598.24 does not authorize taxation of appellate attorney fees against a party seeking a finding of contempt. B. Iowa Rules of Civil Procedure 1.413 does not provide a basis for an award of appellate attorney fees.”

 Iowa Code section 598.24 provides the court with the authority to tax reasonable attorney fees, as part of the costs, only against a party found in default or contempt of the decree.   In re Marriage of Anderson, 451 N.W.2d 187 (Iowa App. 1989);  In re Marriage of Madorin, 705 N.W.2d 107 (Iowa App. 2005).

All other District Court Civil Proceedings:

An award of attorney fees must be fair and reasonable and based on the parties’ respective abilities to pay. In re Marriage of Hansen, 514 N.W.2d 109, 112 (Iowa Ct. App. 1994).

On Appeal:

An award of trial attorney fees rests in the trial court’s discretion and, therefore, will not be disturbed on appeal in the absence of an abuse of discretion. In re Marriage of Wessels, 542 N.W.2d 486, 491 (Iowa 1995).

The award of attorney fees is discretionary and is not a matter of right. In re Marriage of Sprague, 545 N.W.2d 325, 328 (Iowa Ct. App. 1996).

An award of attorney fees on appeal is not a matter of right, but rests within the discretion of the court. In re Marriage of Gonzalez, 561 N.W.2d 94, 99 (Iowa Ct. App. 1997).