Jensen v. Milatzo-Jensen
Annotate this CaseMother and Father divorced in 2007, and Mother was awarded primary residential custody of the parties’ child subject to Father’s visitation. In 2013, Father filed a motion requesting that the district court enter judgment against Mother for unpaid day-care expenses incurred by Father. Mother responded by filing a motion to modify the divorce decree as it related to daycare expenses. The district court granted Father’s outstanding claims for child support abatement and eliminated Father’s right to claim child support abatement during periods in which Mother pays for daycare expenses. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in eliminating Father’s ability to claim child support abatement for periods in which Mother pays the costs of daycare; (2) the district court did not abuse its discretion in refusing to grant prejudgment interest to Father; and (3) Mother was entitled to costs and attorney’s fees incurred in this appeal.
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