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   State Courts - Iowa - February 28, 2007

  
In re Marriage of Kaiser, No. 6-1083 / 06-0875, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Trial court erred in awarding traditional spousal support to wife in marital dissolution action where rehabilitative support was more appropriate award under Iowa Code § 598.21(3), given wife's circumstances; it was no longer necessary for her to be underemployed because one of parties' children was in college and other was a junior in high school.

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In re Marriage of Potts, No. 6-1086 / 06-1014, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Judgment was modified to award the wife rehabilitative alimony in the amount of $ 300 for twenty-four months, as opposed to $ 500 per month for sixty months, because the wife should not require extensive retraining, since she already had a four-year degree in business and had been working part-time.

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In re Marriage of Swenson, No. 6-579 / 05-2123, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: In divorce case, although there were some errors in not including assets in divisible estate, trial court declined to modify decree since marriage was short and ex-wife received a healthy payment of more than $ 15,000 from ex-husband to compensate her for unequal distribution. But, any reference to protective order was deleted from modified decree.

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In re Marrige of Host, No. 7-107 / 06-1185, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Denial of motion to modify spousal support was affirmed because the husband failed to demonstrate a change in circumstances, when although the mortgage payments were delinquent, foreclosure proceedings had not begun nor had the home been sold.

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In the Interest of D.L.J., No. 7-121 / 07-0030, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: In a case in which mother's parental rights had been terminated pursuant to Iowa Code § 232.116, district court did not err in refusing to grant mother six additional months to pursue reunification. Child had been out of mother's care for 13 months when termination petition was filed, and mother had been given ample time to pursue reunification.

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In the Interest of M.R.H., No. 7-118 / 07-0031, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Termination of the mother's parental rights was affirmed because the children would be at risk if returned to her care, when the mother had repeatedly chosen to associate with men who were abusive or abused drugs or both, and the mother had lied about her relationships.

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In the Interest of P.N.B., No. 6-1089 / 06-1127, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: The denial and dismissal of a father's petition for termination of the mother's parental rights was appropriate under Iowa Code §§ 600A.8(3)(b) and 600A.2(18) because the statutory ground of abandonment was not proved since any of the mother's efforts to contact her children were thwarted by the father.

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In the Interest of T.C., No. 7-115 / 07-0036, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Termination of a mother's parental rights was proper under Iowa Code § 232.116(1)(l), (3)(c) because (1) the mother did not appear to be motivated to change her substance abuse patterns and had virtually no insight into the impact that her use had on her children; (2) she refused inpatient treatment; and (3) it was in children's best interests.

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In the Interest of W.W., No. 7-119 / 07-0034, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Children in need of assistance adjudication and placement out of the family home was affirmed because the mother could not exercise a reasonable degree of care in supervising her children when she abused both legal and illegal substances, and the current placement was the least restrictive placement disposition appropriate under the circumstances.

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Johnson v. State, No. 6-986 / 06-0323, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Postconviction claim based on newly discovered evidence under Iowa Code § 822.3 was summarily dismissed because proof of certain disorders in an infant would not have refuted evidence that he died from head trauma; one issue had been raised in a prior postconviction proceeding, and a final issue was known at the time of a prior proceeding.

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