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Case No. 17-2055

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

In re the Marriage of Bailey

Lee T. Bailey, Petitioner-Appellee

Amie Jo Bailey, Respondent-Appellant

Attorney for Appellant

Christine Sand

Attorney for Appellee

Dennis R. Mathahs

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

            Appeal from the Iowa District Court for Audubon County, Susan L. Christensen, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (19 pages)

            Amie Jo Russell (formerly Bailey) appeals from the district court’s modification of the decree dissolving her marriage to Lee Bailey.  OPINION HOLDS:  Upon our de novo review, we agree with Amie that it is necessary to use Lee’s earning capacity in calculating Amie’s child support obligation under the child support guidelines to provide for the needs of the parties’ minor children and do justice between the parties under the special circumstances of this case.  Consequently, we modify the court’s order and remand for the district court to recalculate Amie’s child support obligation.  We affirm in all other respects.  We do not retain jurisdiction.  Any costs are assessed equally to the parties.

Date Amended:
Sep 13, 2018
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