Justia Family Law Opinion Summaries

Kathy Morris and Dennis Morris divorced in 2003 pursuant to a stipulated decree of dissolution adopted by the district court. Trial counsel for the parties did not expressly address survivor rights when dividing retirement benefits. At issue was whether the award of "half of the...Marine Corps Retirement" in the parties' stipulated decree entitled Kathy to fifty percent of Dennis's retirement benefits while Dennis lived, without survivor benefits, or whether the decree obligated Dennis to designate Kathy for survivor benefits. In 2010, Kathy filed an application for a hearing to decide the issue. The district court denied Kathy relief, and the court of appeals affirmed. The Supreme Court vacated the decision of the court of appeals and reversed the trial court, holding that the lower courts erred by characterizing the issue solely as a request for modification of the 2003 decree. Rather, the disputed should have been treated as a request to interpret the 2003 decree. Remanded for the district court to determine its intent as to survivorship rights when it entered the decree in 2003.

The juvenile court terminated the noncustodial mother's parental rights to two children after finding termination was in the children's best interests. The court of appeals reversed, giving weight to the fact that termination would end the mother's child support payments. The father of one child filed a timely application for further review, and the other father did not. The Supreme Court vacated the court of appeals and affirmed the juvenile court as to the child whose father filed the application for further review and affirmed as to the other child, holding that the elimination of possible child support may not affect a termination of parental rights proceeding if termination is otherwise in the child's best interests.