In re the Marriage of Tognoni, 313 P.3d 655

Post-dissolution of marriage dispute over child support arrearages, interest, and attorney fees.
Trial court awarded wife arrearages and interest; denied attorney fees; later awarded half of wife’s fees.
Parties stipulated to vacate previous judgment and disputed arrearages calculations.
Husband argued for a lower arrearage amount using an 8% rate; wife sought attorney fees under 13-17-102(4).
Court granted summary judgment on arrearages and interest, but vacated the attorney fees award and remanded for a hearing on fees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment on arrearages and interest was proper	Tognoni argued disputes existed on arrearages	Tognoni urged factual disputes regarding payments and methods	Yes; no genuine issues on arrearages and interest; judgment affirmed for arrearages and interest
Whether the court erred in applying 14-14-106 interest rate/compounding	Husband contends court has discretion to set rate/period	Wife contends statute assigns discretion to judgment creditor only	No discretion for court; interest rate/compounding set by statute to creditor, not court
Whether the attorney fees award was proper and required an evidentiary hearing	Husband argues he was not afforded opportunity to contest substantial justification	Wife contends hearing not required	Vacate; remand for an evidentiary hearing on fees if requested, to consider 13-17-102 and 13-17-108 factors

In re Marriage of Armit, 878 P.2d 101 (Colo.App.1994) (statutory interest on arrears; creditor discretion under 14-14-106)
In re Marriage of Nielsen, 794 P.2d 1097 (Colo.App.1990) (ordinary hardship not basis to deviate from guidelines)
In re Marriage of Atencio, 47 P.3d 718 (Colo.App.2002) (timeliness and scope of appellate arguments)
In re Marriage of Rodrick, 176 P.3d 806 (Colo.App.2007) (attorney-fee discretion; factors under 18-17-108)
SaBell's, Inc. v. City of Golden, 832 P.2d 974 (Colo.App.1991) (necessity of evidentiary hearing for fee awards)