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IN RE MARRIAGE OF PHILLIPS

No. 92-60.

493 N.W.2d 872 (1992)

In re the MARRIAGE OF Mary Kathryn PHILLIPS and Alan Dale Phillips. Upon the Petition of Mary Kathryn Phillips Hart, Petitioner-Appellant, And Concerning Alan Dale Phillips, Petitioner-Appellee.

Court of Appeals of Iowa.

October 27, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Sp. Asst. Atty. Gen., Kevin E. Kaufman, County Atty., and E. Dean Metz, Asst. Atty. Gen., for petitioner-appellant.

Susan M. Dulek, Legal Services Corp. of Iowa, Iowa City, for petitioner-appellee.

Heard by HAYDEN, P.J., HABHAB, J., and McCARTNEY, Senior Judge.

HAYDEN, Presiding Judge.

This appeal arises from an order modifying the child support obligation of Alan Phillips. The trial court found Alan's incarceration constituted a substantial change in circumstances justifying the modification. We disagree and reverse the trial court decision. We hold the child support obligor's incarceration for third-degree sexual abuse of his stepdaughter does not constitute a change of circumstances justifying a modification. However...

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