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Case No. 22-1393

In re The Marriage of Happel

County:
Black Hawk

Nicole A. Happel, n/k/a Nicole A. Shimp, Petitioner-Appellant/Cross-Appellee

Brian D. Happel, Respondent-Appellee/Cross-Appellant

Attorney for Appellant/Cross-Appellee

Andrew B. Howie

Attorney for Appellee/Cross-Appellant

Lana L. Luhring

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1393
Date Published:
Mar 29, 2023
Summary

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED AS MODIFIED IN PART ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL; AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Nicole Shimp appeals, and Brian Happel cross-appeals, the district court’s modification of their dissolution decree.  OPINION HOLDS: We conclude the district court acted equitably in modifying the joint physical care arrangement to grant Happel physical care of the children.  We modify the visitation provision of the modified decree to grant the mother midweek visits.  We affirm the five-week summer visitation provision in favor of the mother and decline to include a make-up weekend provision for the father.  We also decline to add further language relating to the children’s extracurricular activities.  We remand for recalculation of child support and award Shimp $3000 in appellate attorney fees.

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