Lew v. Lew
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The Supreme Court affirmed in part and reversed and remanded in part the judgment of the district court ordering Mother to reimburse funds she removed from the college account she managed for one of the parties' two children and awarding post-judgment interest, holding that the district court erred as a matter of law when it ordered payment of statutory post-judgment interest.
In accordance with the divorce decree of Father and Mother, Father agreed to establish college accounts in the amount of $50,000 for each of the parties' two children. Mother managed one account, and Father managed the other account. The district court later ordered Mother to reimburse funds she removed from the account she managed. Mother appealed, arguing that the court abused its discretion in awarding damages in the amount of $50,000 and in awarded post-judgment interest. The Supreme Court affirmed in part and reversed in part, holding (1) the district court did not err when it found damages in the amount of $50,000; and (2) the district court erred as a matter of law when it awarded ten percent post-judgment interest from September 2007. The court then remanded the matter for further proceedings on interest.
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