In re the Marriage of Bailey
Lee T. Bailey, Petitioner-Appellee
Amie Jo Bailey, Respondent-Appellant
Attorney for Appellant
Christine Sand
Attorney for Appellee
Dennis R. Mathahs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Audubon County, Susan L. Christensen, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (19 pages)
Amie Jo Russell (formerly Bailey) appeals from the district court’s modification of the decree dissolving her marriage to Lee Bailey. OPINION HOLDS: Upon our de novo review, we agree with Amie that it is necessary to use Lee’s earning capacity in calculating Amie’s child support obligation under the child support guidelines to provide for the needs of the parties’ minor children and do justice between the parties under the special circumstances of this case. Consequently, we modify the court’s order and remand for the district court to recalculate Amie’s child support obligation. We affirm in all other respects. We do not retain jurisdiction. Any costs are assessed equally to the parties.
