In re the Marriage of Schmidt

Summary

The Montana Supreme Court reviewed a dissolution decree involving parenting arrangements, valuation and distribution of marital assets, and division of retirement benefits. The court affirmed most of the district court’s decisions but remanded to correct the double-counting of a credit union account and to issue a retirement benefits order consistent with the decree. The court denied the request for appellate costs and attorney-fee sanctions.

Holdings

1. The District Court did not clearly err in finding that Todd should be the child's primary caretaker and did not clearly abuse its discretion in adopting the parenting plan.
2. The District Court erred by including Aimee's Russell Country checking account twice in the marital estate.
3. The District Court did not err in valuing the Three Rivers Bank account at $34,840 as of May 2009.
4. The District Court did not err in including one-half of the value of the Rocky Mountain Bank account held in Jeffrey S. Lamoreaux's name in the marital estate.
5. The retirement benefits order was inconsistent with the decree of dissolution and constituted a clerical error requiring correction.
6. Todd was not entitled to appellate costs as the prevailing party or to attorney-fee sanctions.

Questions Presented

1. Whether the District Court clearly erred or abused its discretion in determining the parenting schedule.
2. Whether the District Court improperly included Aimee's Russell Country Federal Credit Union account twice in calculating the marital estate.
3. Whether the District Court erred in valuing the Three Rivers Bank account at $34,840 as of May 2009 rather than at its lower May 2010 balance.
4. Whether the District Court erred by including half of the value of a post-separation Rocky Mountain Bank account held in Jeffrey S. Lamoreaux's name in the marital estate.
5. Whether the retirement benefits order was inconsistent with the decree of dissolution.
6. Whether Todd Schmidt was entitled to appellate costs or attorney-fee sanctions.

Disposition

reversed_and_remanded