In re Marriage of ScanlonAnnotate this Case
In 2003, Joe Scanlon and Lona Carter-Scanlon divorced. The district court subsequently granted Joe’s motion to modify his child support obligations, concluding that Joe had been unemployed and expected to earn $52,000 at a new job, thus reducing Joe’s monthly child support obligation from $1,381 to $814 per month. In 2008, Joe filed a second motion to modify child support. Before a hearing on the motion, Joe had a child with Joann Buer. Joann opened a case with the Child Support Enforcement Division (CSED) to obtain child support from Joe. An administrative law judge for the CSED determined that Joe received an average actual income of $24,957. In 2012, Joe filed a motion, in his case with Lona, to take judicial notice of the CSED’s income determination. After a hearing in 2013, the district court noted the CSED’s income determination but imputed income to Joe of $52,000 per year, and determined Joe’s monthly child support obligations would remain at $814 per month. The Supreme Court affirmed, holding (1) the district court did not err in its manner of taking judicial notice of the prior CSED determination; and (2) the district court’s calculation of Joe’s imputed income was not clearly erroneous.