Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-0525

In re the Marriage of Curtis

Cynthia Sue Curtis, Petitioner-Appellee

Ross Lane Curtis, Respondent-Appellant

Attorney for Appellant

JohnPatrick Brown

Attorney for Appellee

Cynthia Sue Curtis, self-represented

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 20, 2019

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Ross Curtis appeals the district court order denying his petition to modify his spousal support obligation of $1000.00 per month to his former wife, Cynthia.  He asserts there has been a substantial change in circumstances and he is no longer able to pay the spousal support due to a change in his employment and his “greatly reduced” income.  OPINION HOLDS: Ross has not shown a substantial change in circumstances.  Deferring to the credibility determinations of the district court, we find his earning capacity has not been reduced so as to constitute a substantial change in circumstances.  In the meantime, Cynthia’s earning capacity has diminished with her medical condition.  We affirm. 

© 2023 Iowa Judicial Branch. All Rights Reserved.