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IN THE COURT OF APPEALS OF IOWA No. 6-974 / 06-0919 Filed January 18, 2007

IN RE THE MARRIAGE OF MARGARET A. SPENCE AND HAROLD J. SPENCE Upon the Petition of MARGARET A. SPENCE, n/k/a MARGARET BANKS, Petitioner-Appellant, And Concerning HAROLD J. SPENCE, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Story County, David R. Danilson, Judge.

Petitioner appeals the district court order on her application to modify the child support provision of the parties' dissolution decree. AFFIRMED.

John G. Martens of Terrill, Martens & Richardson Law Offices, Ames, for appellant. Harold J. Spence, Boone, pro se.

Considered by Sackett, C.J., and Zimmer, J., and Brown, S.J.* *Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2007).

2 BROWN, S.J. I. Background Facts & Proceedings

Margaret Banks and Harold Spence were formerly married. They have two children, Joseph, born in 1988, and Kelsey, born in 1990. A dissolution decree was entered for the parties in Illinois on March 6, 1996. Margaret was granted physical care of the children. Harold was ordered to pay child support of fifty dollars per week, or about $217 per month. The decree was modified in Illinois in August 2004 to increase Harold's child support obligation to $511 per month. Both parties have since moved to Iowa. In October 2005, Margaret filed an application in Iowa seeking to modify the child support provisions of the parties' dissolution decree. 1 Harold is employed as a diesel mechanic by Ball Plastic Container Corp., and his 2005 W-2 form showed wages of $40,695. Some of this income is the result of overtime or bonuses. Margaret is self-

employed as a pet groomer. Her 2005 tax returns showed annual gross income of $20,028. The modification hearing was held in May 2006. Harold asked that the court not consider his overtime and bonus pay in determining his child support obligation, because that income could change at any time. The district court determined Harold's guaranteed annual gross income was $36,089. This

included an average of two hours of overtime each week. The court determined

In order to modify the Illinois child support order in Iowa, under Iowa Code section 252K.609 (2005), Margaret was required to register the Illinois order in Iowa. Margaret registered the Illinois dissolution decree and 2004 modification with the Story County District Court.

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3 other overtime hours or bonuses were uncertain or speculative. Harold's net monthly income was determined to be $2387.12, while Margaret's net monthly income was $1241.15. The court applied the child support guidelines and

ordered Harold to pay child support of $754.33 per month. Harold was also ordered to pay $750 toward Margaret's attorney fees. Margaret appealed the district court's decision, claiming Harold's net monthly income for purposes of calculating his child support obligation should include all of his overtime and bonuses. Margaret also seeks appellate attorney fees. II. Standard of Review

Our standard of review in this equitable action is de novo. Iowa R. App. P. 6.4. "In equity cases, especially when considering the credibility of witnesses, the court gives weight to the fact findings of the district court, but is not bound by them." Iowa R. App. P. 6.14(6)(g). III. Child Support

In order to modify child support, a party must establish by a preponderance of the evidence that there has been a substantial change in circumstances since the entry of the decree, or any subsequent modification. In re Marriage of Maher, 596 N.W.2d 561, 564-65 (Iowa 1999). A substantial

change of circumstances is considered to exist when a court order for child support varies by ten percent or more from the amount which would be due pursuant to the most current child support guidelines. 598.21C(2)(a) (Supp. 2005). Iowa Code

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