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Case No. 21-0061

In re the Marriage of Hein

Ryan J. Hein, Petitioner-Appellee

Cathleen E. Hein, Respondent-Appellant

Attorney for Appellant

Garth M. Carlson

Attorney for Appellee

Lynne C. Jasper

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 20, 2022

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Schumacher, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            Cathleen Hein appeals from an order modifying her dissolution decree.  She argues the district court should have awarded a larger postsecondary education subsidy for her oldest child and should not have retained jurisdiction to revisit the subsidy for future years.  She also challenges the modification of visitation and child support for her youngest child.  OPINION HOLDS: We do not grant any additional funds for the postsecondary education subsidy because Cathleen failed to provide the cost of attendance for university.  However we do not disturb the award because Ryan Hein did not file a cross-appeal.  We affirm the modification of visitation, but modify the decree to provide the child and Cathleen with two phone calls lasting at least fifteen minutes when the child is in Ryan’s care during the summer.  We also modify the decree so that Ryan receives the extraordinary visitation credit beginning in 2021 instead of 2020 and remand to the district court to recalculate child support accordingly.

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