A-20-0466, Andrew K. Bowmaker (appellee) v. Christine A. Rollman (appellant)
Douglas County, District Court, Judge Peter C. Bataillon
Attorney for Appellant: Justin A. Roberts
Attorney for Appellee: John F. Eker, III
Civil Action: Modification of child support
Action Taken by Trial Court: Prior to trial, the parties entered into an agreement, approved by the district court, regarding modification of the parenting plan and the figures to be used in calculating Bowmaker’s modified child support, including Bowmaker’s income. During trial, Bowmaker notified Rollman and the district court that he could not afford the child support payments based on that agreement due to the pandemic. Following trial, the district court set aside the parties’ agreement regarding the child support calculation, calculated Bowmaker’s child support based on his reduced income, and set the modified child support obligation to be retroactively effective starting March 2020. The court gave leave for Rollman to conduct additional discovery regarding Bowmaker’s income. The court further found that Bowmaker had no child support arrearage due to an enforceable extrajudicial agreement and declined to find him in contempt. The court did not award attorney fees to either party.
Assignments of Error on Appeal: Rollman contends on appeal that the district court erred in (1) setting aside the parties’ pretrial agreement regarding Bowmaker’s income, (2) ordering Bowmaker’s modified child support to take effect starting March 2020, (3) determining that there was no child support arrearage as a result of an extrajudicial agreement between Rollman and Bowmaker, and (4) failing to award Rollman attorney fees.