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Case No. 17-1946

For summaries from opinions prior to August, 2018, view PDF versions here

In re the Marriage of McConnelee

Malinda K. McConnelee, Petitioner-Appellee

Brian M. McConnelee, Respondent-Appellant

Attorney for Appellant

Nina Forcier

Attorney for Appellee

James T. Peters and R.J. Longmuir

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 15, 2018

           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.

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