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   State Courts - Iowa - May 23, 2007

  
In re Marriage of Brooks, No. 7-223 / 06-0189, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Trial court properly awarded physical care of minor children to the mother in dissolution action in spite of domestic abuse allegations, because in-home worker and guardian ad litem were sufficiently neutral and recommended the award and mother had completed juvenile court requirements, including psychological assessment, while the father had not.

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In re Marriage of Carter, No. 7-156 / 06-1637, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Court erred in granting father's application to modify custody decree by awarding him physical care of parties' daughter where father failed to establish that substantial change in circumstances had occurred; father also failed to demonstrate that he possessed ability to provide superior care. His dislike for mother and her new husband was obvious.

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In re Marriage of Clark, No. 7-294 / 06-1778, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Taking into account all of the factors under Iowa Code § 598.21A(1) (Supp. 2005), including the property distribution, it could not be said that a trial court failed to do equity in awarding $ 1,500 in monthly spousal support to a wife in a marital dissolution action where the wife possessed the skills and education to earn substantial wages.

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In re Marriage of Corman, No. 7-112 / 06-1421, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Where a mother moved from Iowa to Arizona with the parties' children, the father's petition for modification of the physical care provisions of the dissolution decree was properly granted under Iowa Code §§ 598.3, 598.21C, 598.21D, and 598.41 because, inter alia, the move was a substantial change in circumstances and he could render superior care.

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In re Marriage of Grant, No. 7-104 / 06-0965, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: An order awarding physical care of the parties' children to a wife in a marital dissolution action was upheld where it was in the best interest of the children, pursuant to Iowa Code § 598.41(3), to be with the wife; the husband did not seem to be able to overcome his bitterness toward the wife or recognize that he had any parenting deficiencies.

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In re Marriage of Leonard, No. 7-240 / 06-1330, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: An alleged husband's post-hearing motions under Iowa R. Civ. P. 1.904(2), 1.977 to set aside an order denying the husband's petition to dissolve his marriage were properly denied because the husband, a pro se litigant, was responsible for appearing in court, and he failed to appear or request to be transported from jail to the courthouse.

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In re Marriage of Lyman, No. 7-103 / 06-0921, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Under Iowa Code § 598.41(3), children's best interests were served by remaining in the mother's physical care when the mother was the primary caregiver and was more attentive to the children's needs than the father. Thus, the district court's award of physical custody of the children to the mother in a divorce proceeding was affirmed.

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In re Marriage of Turner, No. 7-234 / 06-1039, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Trial court's ruling establishing parties' proportionate share of daughter's post-secondary expenses was reversed because amount of Veterans' Disability Education Benefits paid directly to daughter should have been counted as income to father, not daughter, and credited against his share of the daughter's post-secondary education expenses.

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In re Marriage of Villarreal, No. 7-242 / 06-1652, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Length and duration of an alimony award to the mother under Iowa Code § 598.21A was proper as the parties had a long marriage, the mother would likely hold relatively unskilled and moderately compensated jobs when she returned to the work force, and the father had greater employment skills, work experience, and earning capacity.

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In the Interest of A.H., No. 7-310 / 07-0582, COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: The termination of a mother's parental rights was affirmed on appeal, pursuant to Iowa R. App. P. 6.14(1)(c), because the mother did not argue the insufficiency of proof supporting termination under the sections relied on by the district court, Iowa Code § 232.116(1)(f) and (l) (2007), and waived the issue.

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