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Case No. 18-0817

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

In re the Marriage of Mabbitt

Curtis Anthony Mabbitt, Petitioner-Appellant/Cross-Appellee

Kristina Marie Mabbitt n/k/a Kristina Marie Hickcox, Respondent-Appellee/Cross-Appellant

Attorney for Appellant

Jaclyn M. Zimmerman

Attorney for Appellee

Danni J. Harris

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0817
Date Published:
Jun 05, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Vogel, C.J.  (6 pages)

            Curtis Mabbitt appeals and Kristina Hickcox cross-appeals from the order modifying the decree of dissolution of their marriage.  Curtis argues a material change in circumstances has occurred since dissolution and the district court should have modified their child visitation schedule.  He also argues the court should have allowed one of their children to testify.  Kristina argues the court should have ordered retroactive child support and awarded her attorney fees.  OPINION HOLDS: We agree with the district court there is no material change in circumstances since entry of the decree to justify modifying visitation, and the court did not abuse its discretion in excluding the child as a witness.  We also agree with the court’s increase of child support effective after entry of the order, and the court did not abuse its discretion in declining to award attorney fees.  Accordingly, we affirm.

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