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· 5/12/2004

In Re the Marriage of McCurnin

Citations

  • 681 N.W.2d 322
  • 2004 Iowa Sup. LEXIS 157
  • 2004 WL 1057761

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding obligor was not entitled to credit for overpayment of support because he was a volunteer
  • explaining change from an unrealized earning potential to an established earning potential may be an important consideration in the modification analysis
  • stating divorce decree setting child support obligation, which parties did not appeal, was res judicata “until a modification changed its provisions” (citing In re Bisenius, 573 N.W.2d 258, 260 (Iowa 1998))
  • affirming modification of award extending payment obligation despite finding obligee’s income had nearly doubled, in part because obligor’s income had nearly tripled and his financial position had “vastly improved” since the decree
  • rejecting request for credit against future child support for alleged overpayment because appellant “made no request for such a credit in his pleadings, his proposed findings to the district court, or in his post-trial motion to enlarge, amend, and reconsider”
  • “All income that is not anomalous, uncertain, or speculative should be included for the purpose of determining a child support obligation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lavorato

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.