Kelly v. Kelly

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Kelly v. Kelly

Additional Case Names
9:25 am
Case Number
Court Number
Call Date
October 7, 2020
Case Time
9:00 AM
Case Summary

A-20-0084, Kirsten W. Kelly (appellee) v. Gary B. Kelly (appellant)

Saunders County, District Court, Judge Christina M. Marroquin

Attorney for Appellant: Mark A. Steele

Attorney for Appellee: John H. Sohl

Civil Action: Dissolution of Marriage

Action Taken by Trial Court:  The district court entered a decree of dissolution that awarded Kirsten sole legal and physical custody of the parties’ three minor children and the right to claim the tax credits for the children each year. The decree ordered Gary to pay child support, alimony, 50 percent of the cost of tuition for the children’s private education, 70 percent of extra-curricular costs incurred on behalf of the children, an equalization payment of $15,841, and attorney fees. The decree further ordered that Gary adhere to a phased parenting plan set to progress with the recommendations of the children’s therapists.

Assignments of Error on Appeal: Gary assigns that the district court erred in (1) ordering a parenting plan for Gary that was unreasonably restrictive, unsupported by competent evidence, and arbitrary; (2) ordering Gary to pay 50 percent of the children’s private school tuition; (3) ordering Gary to pay 70 percent of extra-curricular costs incurred on behalf of the children; (4) awarding Kirsten the sole right to claim the children for tax credits; (5) ordering Gary to pay a property equalization payment of $15,841; (6) ordering Gary to pay $500 per month in alimony for 5 years; and (7) awarding Kirsten $8,000 in attorney fees.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Moore, Bishop, and Welch, Judges