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:
Summary
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.
