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In re the Marriage of Barry
Chad E. Barry, Petitioner-Appellant
Kathleen M. Barry, n/k/a Kathleen M. Kramer, Respondent-Appellee
Attorney for Appellant
P. Shawn McCann
Attorney for Appellee
Drew H. Kouris
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Harrison County, Gregory W. Steensland, Judge. AFFIRMED AS MODIFIED. Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Opinion by McDonald, J. (10 pages)
Chad Barry appeals the district court’s denial of his petition to modify the custodial and physical care provisions of his dissolution decree. He also challenges the court’s dismissal of his applications for rule to show cause, alleging his former wife, Kathleen, willfully violated the terms of the decree. Finally, he challenges the court order that he pay certain expenses. OPINION HOLDS: Because there was no material or substantial change in circumstances warranting modification, the district court did not err in declining the petition for modification. Chad failed to prove beyond a reasonable doubt that Kathleen willfully violated the terms of their dissolution decree. The district court properly required Chad to pay certain pre-dissolution debts in accordance with the terms of the decree. However, the court erred in ordering Chad pay one half of the children’s medical bills when Kathleen did not show she provided him notice of the amounts due within fifteen days of receipt of the amount due as required by the decree. Chad’s payment obligation is reduced accordingly.