Burkholder v. Burkholder

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Burkholder v. Burkholder

Case Number
Call Date
June 9, 2015
Case Time
1:00 PM
Case Summary

A-14-0666, Jason L. Burkholder (Appellant) v. Heather E. Burkholder

Phelps County, District Judge Stephen R. Illingworth

Attorneys for Appellant: Chris A. Johnson and Joshua A. Johnson (Conway, Pauley & Johnson, P.C.)

Attorneys for Appellee: Jane F. Langan Mach and Jesse S. Krause (Rembolt Ludtke LLP)

Civil Action: Child Custody

Action Taken by Trial Court: The district court awarded joint legal custody of the minor children to both parties and primary physical custody to Heather.

Assignments of Error on Appeal: Jason assigns that the district court erred in (1) failing to sustain his motion to exclude/Schafersman Challenge, (2) not recusing himself, (3) receiving Dr. Meidlinger's report into evidence and allowing him to testify, (4) making certain evidentiary rulings contrary to the Nebraska Rules of Evidence, (5) not awarding physical custody of the children to him, (6) failing to correctly determine the amount of daycare owed by him, (7) establishing child support using his earning capacity without evidence concerning earning capacity, and (8) not correcting an obvious error in child support set at the temporary hearing back to the date of the original order.

Cross-Appeal: Heather assigns that the district court erred in (1) failing to award her sole custody, (2) awarding Jason eight consecutive weeks of summer parenting time and failing to address the birthdays, (3) failing to prorate the cost of health insurance between the parties, and (4) failing to account for the changes in her income in awarding child support credit to Jason.

Case Location
Panel Text
Moore, Chief Judge, Pirtle and Bishop, Judges