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In re the Marriage of McConnelee
Malinda K. McConnelee, Petitioner-Appellee
Brian M. McConnelee, Respondent-Appellant
Attorney for Appellant
Attorney for Appellee
James T. Peters and R.J. Longmuir
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Buchanan County, Joel A. Dalrymple, Judge. AFFIRMED. Considered by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by Danilson, C.J. (8 pages)
Brian McConnelee appeals from an order modifying the visitation and tax-dependency provisions of the decree dissolving his marriage to Malinda McConnelee. OPINION HOLDS: Brian’s unresolved substance-abuse issues, denial that his drug use was a problem, unresolved criminal proceedings, and extended unemployment constitute a change of circumstances warranting modification of the visitation schedule. For the same reasons, a substantial change of circumstances has been proved to modify the tax-exemption provisions. The use of the tax exemption is of little to no benefit to Brian as long as he is unemployed. Finding no failure to do equity, we affirm.