Garner v. Garner
Annotate this CaseAppellant Monica Garner, and respondent Christopher Garner had two children prior to their divorce in 2010. They were both represented by counsel in that action and entered into a stipulation addressing the terms of their divorce, including child custody and child support. Under the terms of that stipulation, Appellant was awarded primary physical custody of the children, and Respondent agreed to pay a total of $50 a month in child support. The magistrate court did not hold a hearing regarding the stipulation. The magistrate entered a judgment granting Appellant and Respondent a divorce under the terms of the stipulation. Neither party objected, moved for clarification or reconsideration, or appealed the judgment. In 2012, Appellant filed a motion to modify the judgment, seeking an increase in the monthly child support payment to $608.71, to conform with the Idaho Child Support Guidelines. Respondent moved to dismiss the motion on the grounds that there had not been a substantial and material change in circumstances warranting a modification. The magistrate court heard oral argument on Respondent’s motion to dismiss, noting that both parties were currently represented by counsel and had been represented by counsel when the parties divorced. Ruling that there was no material change in circumstances, the magistrate dismissed Appellant’s motion and awarded Respondent attorney’s fees. Appellant appealed to the district court, which affirmed the magistrate court’s decision in all respects. The district court also awarded Respondent attorney’s fees and costs for the appeal. Appellant timely filed a notice of appeal from the district court’s ruling. After review, the Supreme Court reversed and remanded. The fact that the parties were represented by counsel when they entered into the agreement did not change the fact that the judgment originally entered in this case called for a significant, unsubstantiated deviation from the statutory child support guidelines: "This was a virtual forfeiture of child support. There is no explanation for this deviation except in hindsight during this litigation rather than the proper findings and conclusions called for in statute and rule. Neither the original judgment nor the district court’s ruling on the motion to modify support protects the welfare of the children. No facts were ever elicited in this case to rebut the statutory or Guidelines presumption. The required procedure was not followed, and no reasons were given as to why the Guidelines were not followed. There seemed to be no inquiry here as to why such a drastic deviation from the Guidelines was justified."
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