Esch v. Esch

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Esch v. Esch

Case Number
A-21-0800
Court Number
Douglas
Call Date
June 8, 2022
Case Time
1:00 PM
Case Summary

A-21-0800, Jacqueline E. (Appellant) v. Ryan E.

District Court for Douglas County, District Judge Thomas A. Otepka

Attorney for Appellant:  Stephanie Weber Milone (Milone Law Office)

Attorneys for Appellee:  Christopher A. Vacanti & William L. Finocchiaro (Vacanti Shattuck)

Civil Action:  Modification of decree of dissolution

Action taken by the Trial Court:  The trial court modified the decree of dissolution to award Ryan sole legal and sole physical custody of the parties’ two oldest children (one of which has since reached the age of majority), but it maintained the parties’ joint legal and joint physical custody of their youngest child. Based on the modification of custody, the court made related changes in its award of child support. The court denied Jacqueline’s request for attorney fees.

Assignments of Error on Appeal: Did the trial court err in awarding Ryan sole legal and physical custody of the parties’ middle child and in failing to award Jacqueline sole legal custody of the two youngest children? Did the trial court err in finding no necessity to protect the children from harm due to Ryan’s alleged domestic violence? Did the trial court err in changing regular parenting time with the middle child? Did the trial court err in limiting its order with respect to counseling to only eight joint counseling sessions between Jacqueline and the middle child? Did the trial court err in determining Ryan’s earning capacity, allowing Ryan a deduction for a retirement plan contribution in the child support calculation, and using a hybrid child support calculation? Did the trial court err in allocating to Jacqueline 60 percent of the unreimbursed health care expenses for the children? Did the trial court err in failing to award Jacqueline attorney fees?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Riedmann, and Arterburn, Judges