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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
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.