In re the Marriage of Miller
Danielle Echo Miller, n/k/a Danielle Richards, Petitioner-Appellant,
Rocky Lee Miller II, Respondent-Appellee.
Attorney for Appellant
Benjamin Folladori
Attorney for Appellee
Anjela A. Shutts and Jennifer B. Chavez-Rivera
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (11 pages)
Danielle Richards appeals the denial of her petition to modify a 2015 dissolution decree that awarded her ex-husband, Rocky Miller, physical care of their child, J.M. Danielle argues the district court (1) should have granted her her physical care of J.M., and (2) erred in calculating her child-support obligation because it wrongly imputed additional income to her. She also asks for appellate attorney fees. OPINION HOLDS: We conclude Danielle proved a substantial change in circumstances since the entry of the original decree and a superior ability to minister to the needs of the child. Therefore, we modify the decree to award Danielle physical care of J.M. We remand for the recalculation of child support and a determination of the allocation of the tax exemption based on this change. We decline to award Danielle appellate attorney fees.
