Donald v. Donald

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Donald v. Donald

Case Number
S-16-0547
Call Date
February 3, 2017
Court Number
Lancaster
Case Summary

S-16-0547, Lacy Donald v. Alex Donald (Appellant)

Lancaster County District Court, Judge Steven Burns

Attorneys: Tara L. Gardner & Joel Bacon (Keating, O'Gara, Nedved, & Peter, P.C., L.L.O.) --- Sean M. Reagan & A. Bree Robbins (Reagan, Melton & Delaney, L.L.P.) (Appellant)

Civil: Dissolution; custody

Proceedings below: Following a trial, the district court entered a decree of dissolution granting sole legal and physical custody to Appellee subject to Appellant's parenting time, concluded that Appellee was entitled to child support, and ordered a $41,960.47 lump sum payment Appellant received from the VA be divided equally between the parties as part of the marital estate.

Issues: The district court erred in 1) not awarding the parties joint physical and legal custody of their minor children, taking into consideration the significant amount of parenting time awarded to Appellant, 2) not deviating further in the child support calculation, taking into consideration the amount of time awarded to Appellant and by doing an arbitrary deviation, and 3) including Appellant's lump sum disability benefit payment from the Department of Veteran's Affairs in the marital estate and then dividing said payments equally between the parties.