A-22-0189, Amber L. Hudson, n/k/a Amber L. Cozad (appellant) v. Anthony D. Hudson
Cherry County District Court, Judge Mark Kozisek
Attorney for Appellant: Loralea L. Frank (Bruner Frank)
Attorney for Appellee: Michael J. Synek
Child Support Modification; Childcare Expenses
Action Taken by Trial Court: Amber and Anthony’s marriage was dissolved by decree in July 2020. Amber was awarded legal and physical custody of the children; Anthony was ordered to pay child support. Childcare expenses were not mentioned in the decree. In March 2021, Anthony sought modification of the decree, alleging a material change in circumstances resulting from his changed financial circumstances and his move out of state. During trial, Amber sought an award for apportionment of childcare expenses. The district court issued an order modifying Anthony’s child support obligation but declining to award any apportionment of childcare expenses based upon Amber not properly raising the issue in her pleadings.
Assignments of Error on Appeal: Amber claims that the district court erred when it failed to modify the decree to require Anthony to pay childcare expenses. As part of that assignment of error, Amber claims that the court erred in finding she had not properly pled for relief related to childcare expenses, not finding that Anthony received notice that childcare expenses would be an issue at trial, not finding that Anthony consented to litigation of the issue of childcare expenses, not scheduling a hearing on her motion to amend the pleadings to conform to the evidence, and not finding a material change in circumstances warranting modification of the decree to include childcare expenses.