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IN THE COURT OF APPEALS OF IOWA No. 9-964 / 09-0183 Filed December 30, 2009

IN RE THE MARRIAGE OF MELANIE A. BRUCE AND CHRIS R. BRUCE Upon the Petition of MELANIE A. BRUCE, Petitioner-Appellee, And Concerning CHRIS R. BRUCE, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Allamakee County, John Bauercamper, Judge.

Chris Bruce appeals from the district court's refusal to modify his child support obligation. AFFIRMED.

Jeffrey L. Swartz of Jacobson, Bristol, Garrett & Swartz, Waukon, for appellant. Melanie Bruce, Lansing, pro se. Onita Mohr, Decorah, for intervene Child Support Recovery Unit.

Considered by Sackett, C.J., and Vaitheswaran and Danilson, JJ.

2 DANILSON, J. Chris Bruce appeals the district court's refusal to modify his child support obligation. He argues the district court erred when it determined he failed to show a material and substantial change in circumstances to justify a reduction in his child support obligation. We affirm. I. Background Facts and Proceedings. Chris and Melanie were married in May 1995 and have two children, born in January 1996 and May 2000. At the time the parties' marriage was dissolved in April 2006, Chris was thirty-eight years old and Melanie was thirty-nine years old. Chris was a bartender/manager of a local restaurant earning $10.75 per hour, and was also self-employed in extra jobs, including logging and selling firewood. Chris's annual income was $27,110. Melanie was employed at

Cabela's earning $13.00 per hour, with an annual income of $27,040. Melanie provided medical insurance for the children for $242.66 a month. The marriage was dissolved by a decree entered in April 2006. Chris was ordered to pay child support in the amount of $565 per month. No alimony was awarded. A partial stipulation was filed, resolving the issues of physical care and visitation. Melanie received physical care of the children, and Chris was awarded liberal visitation. Subsequent to the dissolution, Melanie retained the same job and continued to earn approximately the same annual income. However, Chris's

income consistently decreased. His annual income was $26,239 in 2006, and $23,033 in 2007. On July 31, 2008, Chris was laid off from his job as

bartender/manager, and began collecting unemployment benefits in the amount

3 of $286 per week. In August 2008, the Child Support Recovery Unit (CSRU) estimated Chris's annual income in 2008 to be $23,436.1 At Chris's request, in September 2008, CSRU filed a request for a hearing for modification of his child support obligation. After a modification hearing in January 2009, the district court determined that a substantial and material change in circumstance had not occurred. As the court stated, Chris's "loss of employment appears to be a temporary matter and he has not shown sufficient efforts to obtain employment and live within his means." Chris filed a motion for enlarged or amended findings, which the court denied. He now appeals. II. Scope and Standard of Review. We review the modification of a dissolution decree de novo. Iowa R. App. P. 6.907 (2009); In re Marriage of McCurnin, 681 N.W.2d 322, 327 (Iowa 2004). We give weight to the district court's fact findings, especially when we consider witness credibility, but we are not bound by those findings. Iowa R. App. P. 6.907; McCurnin, 681 N.W.2d at 327. The district court has reasonable

discretion in determining whether modification is warranted and we will not disturb that discretion on appeal unless there is a failure to do equity. In re

Marriage of Walters, 575 N.W.2d 739, 741 (Iowa 1998). Prior cases have little precedential value, and we must base our decision on the facts and circumstances unique to the parties before us. In re Marriage of Kleist, 538 N.W.2d 273, 276 (Iowa 1995). Our primary concern is the best interests of the children. Lambert v. Everist, 418 N.W.2d 40, 42 (Iowa 1988).
This estimation was based on Chris's prior earnings, not his unemployment benefits. In his brief to this court, Chris alleges his annual income in 2008 was slightly more than $21,000.
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4 III. Merits. Chris argues the court erred when it determined he failed to show a material and substantial change in circumstances to justify a reduction in his child support obligation. He contends his income dropped 17.4% from 2006 to 2007 (from $26,239 in 2006, to $23,033 in 2007). Chris further contends that after he got laid off in July 2008, his income for 2008 was slightly more than $21,000. At the modification hearing, however, Chris requested the court to use his income figures from his last period of employment (approximately $23,400) to determine his 2008 child support obligations. Using those figures, he contends the court erred in failing to find that his child support obligation should be reduced from $565 per month to $482.33 per month. The provisions of a dissolution decree may be modified when there has been a substantial change in circumstances. See Iowa Code

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