NOT DESIGNATED FOR PERMANENT PUBLICATION
Appeal from the District Court for Lancaster County: Paul D. Merritt, Jr, Judge.
Terrance A. Poppe and Benjamin D. Kramer, of Morrow, Poppe, Watermeier & Lonowski, P.C., L.L.O., for appellant.
Jane F. Langan and Sheila A. Bentzen, of Rembolt Ludtke, L.L.P., for appellee.
Sievers, Pirtle, and Riedmann, Judges.
Sue Ellen Chantler, now known as Sue Ellen DeChenne, appeals and Gary Roger Chantler cross-appeals from the decision of the district court for Lancaster County. Sue argues the district court erred in determining that Gary's child support obligation with respect to the parties' older child ended in June 2010 and in awarding Gary a credit for overpayment of child support. We find the district court did not abuse its discretion in terminating Gary's child support as of June 2010. However, we find it was an abuse of discretion for the district court to award Gary a credit for overpayment and reverse and remand that portion of the order.
Gary argues on cross-appeal that the district court erred in denying his request for physical custody of the parties' younger child. Because we find the district court's refusal to modify custody was supported by the evidence, we affirm that portion of the order.
The State of Washington dissolved Sue and Gary's marriage in December 2003. Sue was awarded physical custody of the parties' two minor children: Jessica Chantler, born in 1991, and Heather Chantler, born in 1997, subject to Gary's parenting time. Gary was ordered to pay child support "until the child(ren) reach(es) the age of 18 or as long as the child(ren) remain(s) enrolled in high school, whichever occurs last."
Several months after the divorce was finalized, Gary moved from Washington to New Mexico because he received a "very good" job offer there. His girlfriend moved to New Mexico that summer to be with him. A few years later, Sue moved with the children to Oregon so she could obtain her "Ph.D. . . . from Oregon State University."
Jessica suffers from lupus and was hospitalized for a month during her senior year of high school due to a "lupus flare." Because of her hospitalization, she fell behind in school and was unable to complete all of the required credits by the time her class graduated. Her school made an exception for her and allowed her to walk in the graduation ceremony in June 2010, because she had been on track to graduate before getting sick and had made significant progress toward completing her requirements after getting out of the hospital.
Shortly after the graduation ceremony, Sue and Heather moved to Lincoln, Nebraska, because Sue accepted a job with the University of Nebraska-Lincoln. Jessica remained in Oregon and enrolled in college courses that summer which counted both for college credit and toward completing her remaining high school requirements. She enrolled in an online course in the fall of 2010 to complete her ...