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Pearrow v. Pearrow

Court of Appeals of Nebraska

May 7, 2019

Wendy Pearrow, appellant,
v.
Marcus G. Pearrow, appellee.

         1. 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.

         2. 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 of discretion.

         3. 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.

         4. 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.

         5.___. 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.

         7.___:___. 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 similar services.

          Appeal from the District Court for Sarpy County: Stefanie A. Martinez, Judge.

         [27 Neb.App. 210] Angela M. Minahan, of Reinsch, Slattery, Bear & Minahan, PC, L.L.O., for appellant.

         No appearance for appellee.

          Moore, Chief Judge, and Riedmann and Bishop, Judges.

          RIEDMANN, JUDGE.

         INTRODUCTION

         Wendy 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.

         BACKGROUND

         A 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 ...


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