care

and child support for the children. The parties continued to reside in the same

house.      Jones set up a recording system in the home so he could listen to

Papillon’s conversations. Papillon learned of the recordings on about March 10,

2015, when a friend, Kristie Sargent, told her Jones had asked about specific

conversations she had with Papillon that occurred when he was not present.

Papillon stated Jones began playing the recordings of her conversations very

loudly at night. On April 6, Papillon moved out of the home with the children and

stayed in a motel. After Jones moved out of the house on June 1, she moved

back in.

       Dr. Sheila Pottebaum was employed by the parties to conduct a child

custody evaluation.  in actual

damages is not supported by the evidence. This amount represents Papillon’s

motel expenses from April 6 to June 1, when she and the children did not live in

the home. Jones points out Papillon testified she knew Jones was recording her

conversations by about March 10, 2015, but she did not move out of the home

until April 6. He states this shows she did not move out to avoid having her

conversations recorded. He claims the parties were not getting along while living

in the same home, so Papillon decided to move out.

      The Iowa Supreme Court has stated:

               A civil action exists when a person uses an oral
    