In re Marriage of Damschen
Annotate this CaseHusband and Wife's marriage was dissolved by a decree that included a settlement agreement and parenting plan. The agreement provided that the parties would share joint parenting of the children but that Wife would be the primary residential parent. The agreement was later amended to provide for alternating custody between Wife and Husband on a weekly basis. Husband subsequently filed a motion to modify child support, alleging that there had been a substantial and continuing change of circumstances as to make the existing terms unconscionable. The district court (1) granted Husband's motion, (2) denied Wife's motion to amend the parenting plan, and (3) ordered that Wife pay Husband's attorney's fees. The Supreme Court affirmed, holding that the district court did not abuse its discretion in (1) granting Husband's motion to modify child support where the court's findings of fact were supported by substantial evidence and its determination that the changes in circumstances in this case met the statutory requirements; (2) awarding Husband attorney's fees where the parties' agreement specifically provided for an award of attorney's fees to the prevailing party in subsequent proceedings; and (3) determining the amount and reasonableness of the attorney's fees awarded.
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