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Case No. 18-1690

In re the Marriage of Seward

Nicole Rae Seward, Petitioner-Appellant

Adam Clark Seward, Respondent-Appellee

Attorney for Appellant

Danni J. Harris

Attorney for Appellee

Barry S. Kaplan and C. Aron Vaughn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 01, 2019

            Appeal from the Iowa District Court for Hardin County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (10 pages)

            Nicole Seward appeals the modification of the visitation and child support provisions of her dissolution decree with Adam Seward.  She argues the district court improperly acted sua sponte by modifying the visitation provision and the child support provision of the decree because Adam’s petition for modification only requested modification of the physical care provision.  In the event the court acted properly, Nicole argues Adam failed to show a change in circumstance warranting modification of the visitation provision.  She also claims the district court erred in denying her request for attorney fees.  OPINION HOLDS: The parties were aware visitation and child support were at issue as evidenced by their trial testimony.  As a result, the court’s modification of visitation and child support was not improper.  There was a change in circumstance warranting modification of the visitation provision and the modification was in the children’s best interests.  The district court’s modification of the child support provision was equitable to all parties.  Finally, the court did not abuse its discretion in declining to award attorney fees.

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