In re the Marriage of Maxwell
Matthew Alexander Maxwell, Petitioner-Appellant/Cross-Appellee,
Katie Ann Maxwell, Respondent-Appellee.
State of Iowa, Department of Health and Human Services, Child Support Services, Appellee-Cross-Appellant.
Attorney for Appellant/Cross-Appellee
Tara Ann Wrighton
Attorney for Cross-Appellant
Richard D. Arnold and Gary J. Otting, Assistant Attorneys General
Attorney for Appellee
Keith M. Buzzard
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Jennifer Benson Bahr, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered without oral argument by Buller, P.J., Sandy, J., and Mullins, S.J. Opinion by Sandy, J. (22 pages)
Matthew Maxwell appeals the district court’s denial of his petition to modify the physical care provisions of the decree dissolving his marriage to Katie Maxwell. On appeal, Matthew contends the district court erred by not granting his request to modify the decree to provide for joint physical care of his and Katie’s two sons. Additionally, the Iowa Department of Human Services, Child Support Services (“CSS”) appeals the district court’s modification of the child support provisions of the dissolution decree, arguing it was a party to the decree and should have received notice and an opportunity to be heard on the issue of modification of child support. OPINION HOLDS: After our careful review of the record, we affirm the district court’s denial of Matthew’s request for joint physical care. We conclude joint physical care is not in the children’s best interests. However, we vacate the district court’s modification of the child support provisions. Because CSS was providing support services prior to the start of the modification action, it was a party to the decree and should have been given notice and an opportunity to be heard. Accordingly, we remand for a hearing on the issue of modification of the child support provisions of the decree.
