AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a divorced couple, the Father and Mother, who had previously agreed to a time-sharing arrangement for their two daughters, with the children primarily residing with the Mother. The Father was obligated to pay child support. The Father filed motions to modify time-sharing, child support, and to order counseling for the youngest daughter, alleging changes in circumstances and concerns over the children's welfare in the Mother's house.

Procedural History

• District Court of Sandoval County, John F. Davis, District Judge: Adopted the domestic relations hearing officer’s report, deviated from child support guidelines, and made decisions on child support and custody.

Parties' Submissions

• Father: Argued for modification of time-sharing based on the best interests of the elder daughter due to reports of physical abuse at Mother's house and sought equal time-sharing for the younger daughter. Also filed motions to modify child support and for the youngest daughter to attend counseling.
• Mother: [Not applicable or not found]

Legal Issues

• Whether the district court erred in not awarding the Father child support.
• Whether the district court erred in denying the Father's motion to modify the time-sharing arrangement for the younger daughter.
• Whether the district court erred in finding that the Father failed to meet his burden of proof necessary to support his motion to order counseling for the younger daughter.

Disposition

• The order of the district court is affirmed in part and reversed in part.

Reasons

• The Court found that the district court erred in its deviation from the child support guidelines by incorrectly attributing the Father's disability benefits as a credit to the Mother, thus reducing her child support obligations. The Court held that SSA disability benefits received on behalf of the parties' minor children, which are derived solely from the Father, do not entitle the Mother to any credit against her child support obligation. The Court reversed the district court's decision regarding child support and remanded the matter for adjustment of the parties' child support obligations in accordance with this decision. However, the Court did not find an abuse of discretion in the district court's denial of the Father's motion to modify time-sharing or the motion to order counseling for the younger daughter, affirming these parts of the district court's decision.