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In re Marriage of Olson

Court of Appeals of Iowa

September 26, 2018

IN RE THE MARRIAGE OF AMANDA RENAE OLSON AND BRIAN ALAN OLSON Upon the Petition of AMANDA RENAE OLSON, n/k/a AMANDA RENAE REESE, Petitioner-Appellant, And Concerning BRIAN ALAN OLSON, Respondent-Appellee.

          Appeal from the Iowa District Court for Pocahontas County, Kurt L. Wilke, Judge.

         The petitioner appeals the district court's denial of her application to modify the parties' dissolution decree.

          David H. Skilton of Cronin, Skilton & Skilton, PLLC, Charles City, for appellant.

          Gregory J. Siemann of Green, Siemann & Greteman PLC, Carroll, for appellee.

          Heard by Vogel, P.J., Tabor, J., and Blane, S.J. [*]

          VOGEL, PRESIDING JUDGE.

         Amanda Reese asked the court to modify the physical-care and child-support provisions of the decree dissolving her marriage to Brian Olson. Amanda's petition alleged a substantial change in circumstances regarding the care and well-being of the children and a failure to communicate as changes since the entry of the decree. The district court denied Amanda's petition. Because Amanda did not establish a basis for modification, we affirm.

         I. Background Facts and Proceedings

         Brian and Amanda were married on August 16, 2003. The marriage produced three children, born in 2004, 2008, and 2011.

         In February 2016, the parties filed a joint stipulation and property settlement that the court approved and incorporated into the decree. The parties agreed they would have joint legal custody and joint physical care of the children. Brian agreed to pay child support of $500 per month for the three children and to maintain paying insurance premiums for them.

         On November 10, 2016, Amanda filed a petition requesting modification of the physical-care and child-support provisions of the dissolution decree. She claimed there had been a substantial change in circumstances regarding the care and well-being of the children and a failure to communicate with Brian. Brian responded by denying Amanda's claims and asserting there had been no material change in circumstances as the parties had been able to communicate effectively.

         A hearing was held on June 28, June 29, and July 26, 2017. As to parenting authority, Amanda testified she was undermined by Brian buying things for the children, such as cell phones, to keep them quiet and to alienate them from her. Brian testified that despite some parenting differences, he and Amanda communicated well and Amanda also communicated well with Katie Olson, the children's former babysitter and Brian's new wife.

         The district court denied the request to modify the physical care and child support provisions of the dissolution decree. Amanda appeals.

         II. ...


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