S-13-0077, Douglas C. Dushan v. Alana D. Rischling n/k/a Alana D. Vandervoort (appellant)
Douglas County, Judge Thomas A. Otepka
Attorneys: Jay A. Ferguson (for Appellant) – Edith T. Peebles
Civil: Civil contempt proceeding in a domestic relations case.
Proceedings below: Appellant asked the court to hold Douglas in contempt for (1) failing to pay his child support obligations, (2) interfering with Alana’s parenting time, (3) calling her a names in a text message when the parties were disputing holiday custody, and (4) failing to timely reimburse her for his share of daycare expenses. The court concluded that Alana failed to show clear and convincing evidence of contempt and that laches applied to claim because she had failed to take action on Douglas’ arrears for 3 years.
Issue: Alana assigns that the court erred in (1) failing to find Douglas in contempt for the above reasons, and (2) applying the doctrine of laches to relieve Douglas of sanctions for his failure to pay his child support arrears.