A-17-810, Lindsay Samp, a/k/a Lindsay Robertson (Appellee/Cross-Appellant) v. Douglas Samp (Appellant/Cross-Appellee)
Sherman County, District Court Judge Karin L. Noakes
Attorney for Appellant: Amie C. Martinez (Anderson, Creager & Wittstruck, PC, LLO)
Attorney for Appellee: Nicole M. Mailahn, Kane M. Ramsey (Jacobsen, Orr, Lindstrom & Holbrook, PC, LLO)
Civil Action: Modification of Custody, Child Support, Parenting Time, and Contempt
Action Taken by Trial Court: The district court dismissed appellant’s order to show cause why appellee should not be held in contempt; modified the dissolution decree based on a material change of circumstances awarding sole legal custody of the parties’ minor child to the appellee; and increased appellant’s child support obligation to $494 per month. The court did not change the appellant’s parenting time with the parties’ minor child.
Assignments of Error on Appeal: The appellant/cross-appellee contends that the district court abused its discretion in failing to find the appellee/cross-appellant in contempt for willfully and intentionally violating the court’s order, granting appellee/cross-appellant sole legal custody of the parties’ minor child, and failing to award appellant/cross-appellee physical custody of the parties’ minor child. On cross-appeal, the appellee/cross-appellant contends that the district court erred in (1) reducing appellant/cross-appellee’s monthly income when calculating a new child support obligation because he failed to provide sufficient evidence to support a reduction in his monthly income and any reduction in his monthly income was caused by his voluntary actions, and (2) failing to reduce appellant/cross-appellee’s parenting time because there was a material change in circumstances as the minor child had expressed an unwillingness to participate in parenting time.