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Case No. 17-1983

In re the Marriage of Lewis

Holly Joy Lewis, Petitioner-Appellant

Eric William Lewis, Respondent-Appellee

Attorney for Appellant

Karen A. Taylor

Attorney for Appellee

Ashley Tollakson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1983
Date Published:
Apr 17, 2019
Summary

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED ON APPEAL, AFFIRMED AS MODIFIED ON CROSS-APPEAL, AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (15 pages)

            Holly Lewis appeals, and Eric Lewis cross-appeals, the modification of a dissolution-of-marriage decree.  Holly argues the court erred in modifying the physical-care provisions of the decree or, alternatively, she should have been afforded additional parenting time as to the children placed in the parties’ shared physical care.  Eric argues the court erred in placing the two younger children in the joint physical care of both parties rather than in his physical care and the court erred in its child-support calculation as to the joint-physical-care children.  OPINION HOLDS: We conclude Eric met his burden for modification.  We affirm the district court’s finding of the same, but modify the modification decree to place the two younger children in Eric’s physical care.  We also modify the district court’s summer visitation schedule, and affirm the remainder of the visitation schedule.  We reject Eric’s challenges to his support obligations.  We remand the matter to the district court for determination of future support obligations under the physical-care arrangement ordered herein.  Costs on appeal are assessed to Holly. 

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