Werner v. Werner


IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) WERNER V. WERNER NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). ANDREW R. WERNER, APPELLEE AND CROSS-APPELLANT, V. STEPHANIE L. WERNER, NOW KNOWN AS STEPHANIE L. ERICKSON, APPELLANT AND CROSS-APPELLEE. Filed August 4, 2020. No. A-19-872. Appeal from the District Court for Sarpy County: NATHAN B. COX, Judge. Affirmed. John A. Kinney and Jill M. Mason, of Kinney Mason, P.C., L.L.O., for appellant. Mark S. Bertolini, of Bertolini, Schroeder & Blount, for appellee. PIRTLE, BISHOP, and WELCH, Judges. BISHOP, Judge. I. INTRODUCTION In 2010, the Sarpy County District Court entered a decree of dissolution which dissolved the marriage of Andrew R. Werner and Stephanie L. Werner, now known as Stephanie L. Erickson. The parties were granted joint physical custody of their two children; Stephanie was ordered to pay child support. In August 2017, under a consent order, primary physical custody of the younger child was awarded to Stephanie and that child was allowed to move with her to the state of Minnesota; the older child was to remain in the state of Nebraska with Andrew to finish high school. There was no modification of child support, but the order specifically stated that no party was to pay child support for either child as of April 1, 2019. In September 2018, Stephanie moved to modify the prior orders, seeking control of the children’s college savings accounts, child support from Andrew because their younger child would -1- not turn 19 years old until 2022, and termination of her child support duty for their older child who had begun attending college in the state of Washington. The district court found the evidence did not establish a material change in circumstances which would support the modifications requested. Stephanie appeals the child support rulings. Andrew cross-appeals the district court’s decision to not award him attorney fees and costs. We affirm. II. BACKGROUND Andrew and Stephanie wed in 1996, and two children were born of the marriage, namely: Joseph W., born in March 2000, and Jacob W., born in April 2003. On December 7, 2010, the district court entered a decree dissolving the parties’ marriage and resolving other issues. As relevant to this appeal, the parties were awarded joint physical custody of their children and Stephanie was ordered to pay child support in the amount of $887 per month. Andrew was “designated the custodial parent of the minor children’s accounts/funds.” At some point after the entry of the decree, Stephanie remarried and had two children with her new husband, and Andrew remarried and had two children with his new wife. In January 2017, Stephanie filed a complaint to modify the decree because her current husband needed to move to another state to work in his “chosen specialty” as a physician. Stephanie sought to remove Jacob to Minnesota with her, but indicated that Joseph desired …

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