Turner v. Turner
A-17-266
| Neb. Ct. App. | Jan 2, 2018Background
- Turner and Jennie married in 2005 and divorced in 2015, with three children born 2006, 2007, and 2011.
- The original dissolution decree awarded Jennie sole legal and physical custody, with a stipulated parenting plan that required Robert’s parenting time and provided for joint legal custody.
- The parenting plan set specific visitation times for Robert and allowed flexibility for adjustments upon notice and agreement.
- At dissolution, Jennie received $1,172 per month for three children and Robert was required to maintain health insurance; Jennie received $400 per month alimony for 36 months to enhance earning capacity.
- Jennie began working in accounting in January 2016; two weeks later Robert filed a complaint to modify custody alleging changed circumstances and seeking joint custody; Jennie cross-claimed to modify.
- The district court denied both modification requests, ordered continued flexibility in parenting time, and later awarded Jennie a $1,500 attorney fee and warned Robert about potential sanctions for punitive economic conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Custody/parenting time modification requires a material change | Turner contends there was a material change supporting joint custody | Turner (defendant) argues no material change justifies modification | No material change; abuse of discretion not shown |
| Attorney fee award validity | Turner challenges the fee as improper under §25-824(2) | Jennie relies on the uniform course of procedure for fees in dissolution/modification cases | Attorney fee awarded under uniform procedure; no abuse of discretion |
Key Cases Cited
- Hopkins v. Hopkins, 294 Neb. 417, 883 N.W.2d 363 (Neb. 2016) (modification requires material change in circumstances and best interests)
- Floerchinger v. Floerchinger, 24 Neb. App. 120, 883 N.W.2d 419 (Neb. App. 2016) (temporary adjustments contemplated by parenting plan remain valid)
- White v. White, 296 Neb. 772, 896 N.W.2d 600 (Neb. 2017) (uniform course of fee awards in dissolution actions)
- Garza v. Garza, 288 Neb. 213, 846 N.W.2d 626 (Neb. 2014) (factors for attorney-fee awards in dissolution cases)
- Lisec v. Lisec, 24 Neb. App. 572, 894 N.W.2d 350 (Neb. App. 2017) (factors guiding attorney-fee awards in modification actions)
- Natalya B. & Nikiah A. v. Bishop A., 24 Neb. App. 477, 891 N.W.2d 685 (Neb. App. 2017) (standard for reviewing custody/modification decisions)