A-19-0993, Yeutter v. Barber (Appellant)
Sarpy County, District Court Judge Nathan B. Cox
Attorney for Appellant: Matthew Stuart Higgins (Higgins Law)
Attorney for Appellee: Donald L. Schense (Law Office of Donald L. Schense)
Civil Action: Modification of Custody and Child Support
Action Taken by Trial Court: The district court determined that no material change in circumstances existed to justify the father’s request for modification of custody or visitation but determined that a material change of circumstances existed to justify the mother’s request for modification of child support. The district court awarded the mother legal and physical custody of the parties’ minor child and ordered the father to pay retroactive and prospective child support. The court also set out a parenting plan granting the father parenting time provided that he “provides reasonable notice and advance request to the [mother] and the [mother] agrees with [the father]’s request. If there is not [an] agreement, the parents shall following the provisions of remediation” which the court set out in the parenting plan.
Assignments of Error on Appeal: On appeal, the father contends that the district court erred in finding that a material change of circumstances existed to modify his child support obligation resulting in an order for him to pay retroactive and prospective child support and in granting discretion to the child’s mother to allow visitation as provided in the court order and providing a mechanism for resolving disputes (mediation) which the father alleges is unavailable to him due to his incarceration.