Johnson v. Johnson
Annotate this CaseKari and Elizabeth Johnson were divorced in 2010. The parties were awarded joint legal custody of their two children, and Elizabeth was awarded physical custody. The decree to required Kari to pay $3,000 per month in child support. Kari later filed an application to modify the decree. The parties stipulated to a modification of physical custody to a joint physical and legal custody arrangement. After a trial, the district court determined that Kari’s child support obligation should be set at $443 per month and that Kari was entitled to receive credit a result of his “overpayment” of child support obligations during the pendency of the modification proceedings. The Court of Appeals affirmed in part and reversed in part. The Supreme Court affirmed in part and reversed in part, holding that the Court of Appeals (1) correctly determined that the district court erred when it imputed to Elizabeth a wage-earning capacity of $52,000 per year; (2) did not err in affirming the district court’s conclusion that Kari should not be given a credit for Social Security benefits paid to the children; and (3) erred when it reasoned that, upon remand, Kari could not receive credit for overpayments made during the pendency of the modification proceedings. Remanded.
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