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eBook details

• Title: Henderson v. Lekvold
• Author : New Mexico Supreme Court
• Release Date : January 03, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Mary Helen [Lekvold] Henderson (Petitioner) and Gary Louis Lekvold (Respondent) were divorced in 1977. The final decree incorporated a stipulation of the parties providing for Respondent to pay child support of a stated amount, and further providing for an increase in his child support payment in accordance with the Second Judicial District Child Support Guidelines if he receives pay increases. In 1978, a dispute arose as to the proper amount of support to be paid by Respondent based on his income. Petitioner demanded $345.00 per month, while Respondent insisted that his obligation was $315.00 per month. This $30.00 difference of opinion resulted in motions being filed by both parties. Petitioner filed a motion to increase support and Respondent filed a motion to decrease the support obligation. The trial court, after a hearing, reduced Respondents monthly obligation to $100.00 per month. Petitioner appealed, and we reversed. Henderson v. Lekvold, 95 N.M. 288, 621 P.2d 505 (1980) (Henderson I). A judgment on the mandate was entered and the trial court held another hearing for a determination of child support (including arrearages) and attorneys fees pursuant to the mandate. On remand, the trial court ruled that the child support not be reduced and determined the amount of arrearages owed by Respondent. The trial court also awarded Petitioner the sum of $15,903.18 for attorneys fees (Petitioner is also requesting additional attorneys fees for this appeal). Respondent appeals. We reverse.

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