Hofhine v. Hofhine
Annotate this CaseJessica Hofhine filed for divorce from Mike Hofhine. The parties entered into a property settlement stipulation agreement that was incorporated into the decree of divorce entered by the district court. The next year, Jessica filed a “Motion for Enforcement of Judgment and Decree of Divorce,” claiming that she was entitled to an “income equalization” payment under the terms of the parties' divorce decree. The district court denied the motion on the basis that Jessica did not ask the court for compensation or equalization before the decree of divorce was entered. The Supreme Court affirmed, holding that the district court (1) did not err in its interpretation and application of the legal documents governing the property distribution between Jessica and Mike when it concluded that Jessica was not entitled to equalization of income under the parties’ divorce decree; (2) did not violate Jessica’s due process rights by refusing to permit any party or witness testimony at the hearing on Jessica’s motion; and (3) did not abuse its discretion in awarding attorney’s fees to Mike.
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