Mahlendorf v. MahlendorfAnnotate this Case
The Supreme Court affirmed an order of modification, holding that Appellant was not entitled to assign error to a consent judgment that reflected her negotiated agreement and that was entered at her request.
In 2010, the parties' marriage was dissolved by the district court. Appellant was awarded sole legal and physical custody of the parties' two minor children, and Appellee was ordered to pay monthly child support. The decree was subsequently modified to approve a downward deviation in Appellee's child support. In 2016, the district court entered a stipulated order of modification approving the parties' agreement to increase the amount of Appellee's monthly child support obligation but continuing the existing downward deviation. In 2019, Appellant filed the current complaint to modify requesting that the downward deviation in child support be eliminated. The court entered an order of modification reflecting an agreement of the parties. Appellant appealed, arguing that the court erred in determining that Appellee was still entitled to a downward deviation in his child support obligation. The Supreme Court affirmed, holding that because the order of modification approved the parties' agreement on the disputed issues it was, in all respects, a consent judgment entered at the request of the parties, and therefore, Appellant could not complain of error on appeal.