Smith v. Greenwalt

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Smith v. Greenwalt

Case Number
Court Number
Call Date
December 12, 2023
Case Time
9:00 AM
Case Summary

A-23-0145, Karren Smith (Appellant) v. Dustin Greenwalt

District Court for Douglas County, District Judge Todd Engleman

Attorneys for Appellant:  Brent M. Kuhn & Haley LaVon Cannon (Kuhn Law Firm)

Attorneys for Appellee:  Kristina B. Murphree & John Andrew McWilliams (Gross Welch Marks Clare Law Firm)

Civil Action:  Modification of custody and child support, award of attorney fees

Action taken by the Trial Court:  The trial found a material change in circumstances occurring since entry of the original paternity decree, and it modified custody to award sole legal and physical custody of the parties’ children to Dustin and modified the parenting time schedule. The court also found a material change in the parties’ income since entry of the decree and ordered Karren to pay child support to Dustin. Finally, the court ordered Karren to pay attorney fees to Dustin.

Assignments of Error on Appeal: Did the trial court abuse its discretion in modifying the paternity decree to award sole legal and sole physical custody of the children to Dustin? Did the court violate Karren’s substantial rights by prejudging witnesses and punishing her for reporting suspected child abuse and neglect? Did the court abuse its discretion in failing to consider Karren’s contributions to retirement and health insurance premiums and failing to award an abatement and deviation in child support? Did the court abuse its discretion in awarding attorney fees to Dustin?

Court Type
District Court
Schedule Code
Panel Text
Moore, Bishop, and Arterburn, Judges