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Garza v. Garza

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Wednesday, April 2, 2014

S-13-0606,  Donna L. Garza, a/k/a Donna L. Faust Aman (Appellee/Cross-Appellant) v. Arturo Garza (Appellant)

Douglas County, Judge Gary B. Randall

Attorneys:  Wendy J. Ridder of Law Offices of Daniel P. Bracht, P.C., L.L.O. (Appellant) — Benjamin M. Belmont of Brodkey, Peebles, Belmont and Line, LLP (Appellee)

Civil: modification of decree of dissolution

Proceedings Below: The district court entered an order modifying the parties’ decree of dissolution. The modifications related to parenting time, each party’s responsibility in providing transportation of the child and for healthcare expenses, Donna’s responsibility to make the child available for telephone contact, Arturo’s child care obligation, and attorney fees.

Issues: Arturo assigns that the district court erred in (1) awarding attorney fees to Donna; (2) calculating the reduction in Arturo’s child support obligation, because the court’s calculation did not accurately reflect the parties’ current income based on the evidence adduced at trial and did not include property deductions under the guidelines; and (3) entering an order that unfairly limited the transportation split between the parties.

On cross-appeal, Donna assigns that the district court erred in (1) finding that a material change of circumstances existed to warrant a reduction in Arturo’s child support obligation and (2) reducing Arturo’s child support obligation, because the doctrine of unclean hands bars Arturo from requesting a modification in child support.

This page was last modified on Friday, April 4, 2014