Amsden v. Amsden

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Amsden v. Amsden

Additional Case Names
Case Number
Court Number
Call Date
April 7, 2021
Case Time
9:00 AM
Case Summary

A-20-648, Tracy Amsden (appellant) v. Michael Amsden

Merrick County, District Court, Judge Rachel A. Daugherty

Attorney for Appellant: Steffanie J. Garner Kotik

Attorney for Appellee: Gregory M. Neuhaus and Joseph D. Neuhaus (Neuhaus Law Offices),

Civil Action: Modification of Child Custody and Child Support; Enforcement of a Settlement Agreement

Action Taken by Trial Court:  The parties were divorced in March 2018, at which time, as agreed to by the parties, Tracy was awarded physical custody of the parties’ two children, subject to Michael’s specified parenting time. In July 2019, Michael filed a complaint to modify the parenting plan. On the date scheduled for trial, the parties informed the court they had reached an agreement, which was then read into the record and approved by the court. The parties’ were ordered to submit the paperwork within 3 weeks. However, Tracy did not sign off on the agreement and Michael filed a motion to enforce the settlement agreement. Tracy’s counsel also filed a motion to withdraw. At a hearing on the matters, Tracy’s counsel was granted leave to withdraw before Michael’s motion was taken up. The district court sustained Michael’s motion to enforce the settlement agreement. The court’s journal entry and parenting plan awarded physical custody of the parties’ two children to Michael, subject to Tracy’s parenting time, and Tracy was ordered to pay $82 per month in child support.

Assignments of Error on Appeal: Tracy assigns that the district court erred in (1) entering a modified parenting plan, (2) sustaining Michael’s motion to enforce the settlement agreement, (3) entering the court-ordered parenting plan and journal entry as both were insufficient to be modification orders, and (4) allowing Tracy’s counsel to withdraw and not allowing her time to find additional counsel to represent her prior to proceeding with hearing.

Case Location
Web Conference
Court Type
District Court
Schedule Code
Panel Text
Moore, Riedmann, and Bishop, Judges