Bender v. Bernhard
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The Supreme Court affirmed the nonprecedential opinion of the court of appeals instructing the district court to consider whether Rebecca Bender presented newly discovered evidence warranting relief from a child support order, holding that the district court should have determined whether Bender's proffered evidence warranted relief.
Years after marriage dissolution and child support proceedings between Bender and Peter Bernhard, Bender filed a motion to modify the child support termination order based on "newly discovered evidence" under Minn. Stat. 518.145, subd. 2(2) and Minn. R. Civ. P. 60.02. The district court denied the motion. The court of appeals reversed and remanded the case. The Supreme Court affirmed, holding (1) as may be just, a district court has discretion under section 518.145 to consider newly discovered evidence that arises after the court's underlying decision; and (2) the district court abused its discretion in finding that Bender's newly discovered evidence was not "new."
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