Modification of Decree: Appeal and Error.
Modification of a dissolution decree is a matter entrusted to
the discretion of the trial court, whose order is reviewed de
novo on the record, and which will be affirmed absent an
abuse of discretion by the trial court.
Modification of Decree: Attorney Fees: Appeal and
Error. In an action for modification of a marital
dissolution decree, the award of attorney fees is
discretionary with the trial court, is reviewed de novo on
the record, and will be affirmed in the absence of an abuse
Child Support: Rules of the Supreme Court. A
deviation in the amount of child support is allowed whenever
the application of the Nebraska Child Support Guidelines in
an individual case would be unjust or inappropriate.
Attorney Fees. Attorney fees and expenses
may be recovered only where provided for by statute or when a
recognized and accepted uniform course of procedure has been
to allow recovery of attorney fees.
Customarily, attorney fees are awarded only to prevailing
parties or assessed against those who file frivolous suits.
6. Divorce: Attorney Fees. A uniform course
of procedure exists in Nebraska for the award of attorney
fees in dissolution cases.
In awarding attorney fees in a dissolution action, a court
shall consider the nature of the case, the amount involved in
the controversy, the services actually performed, the results
obtained, the length of time required for preparation and
presentation of the case, the novelty and difficulty of the
questions raised, and the customary charges of the bar for
from the District Court for Sarpy County: Stefanie A.
Neb.App. 210] Angela M. Minahan, of Reinsch, Slattery, Bear
& Minahan, PC, L.L.O., for appellant.
appearance for appellee.
Chief Judge, and Riedmann and Bishop, Judges.
Pearrow appeals the order of the district court for Sarpy
County which modified the decree dissolving her marriage to
Marcus G. Pearrow. On appeal, she challenges the district
court's calculation of child support, the court's
failure to divide expenses for two of the parties' four
children, and the court's failure to award her attorney
fees. Because we find no merit to the arguments raised on
appeal, we affirm.
decree dissolving Wendy and Marcus' marriage was entered
in November 2015. The parties were awarded joint legal and
physical custody of their four minor children, with the
parents alternating parenting time on a ...