Mitchell v. Krieckhaus
Annotate this CaseIn 2014, Joyce Mitchell filed a complaint for divorce from Alexander Krieckhaus. In 2016, the parties reached a settlement agreement. A stipulated order on children’s issues was signed by the court on that date. The court later entered a divorce judgment in which it based the amount of child support upon the parties providing substantially equal care for their son. Mitchell subsequently filed a motion for findings of fact and conclusions of law, reconsideration of the child support order, and deviation from the child support guidelines, arguing, inter alia, that before the court issued a child support order it was required to hold an evidentiary hearing on the issue of whether the parties provided substantially equal care of their son. The court issued an order denying all of Mitchell’s motions. The Supreme Court vacated the judgment of divorce insofar as it established a child support obligation to be paid by Mitchell and remanded for an evidentiary hearing on that issue, holding that the court erred in finding that the parties had agreed to a substantially equal care arrangement with regard to their son without providing the parties with a meaningful opportunity to present evidence on this issue.
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