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In re Marriage of Axelberg

Supreme Court of Montana

April 21, 2015

IN RE THE MARRIAGE OF: DELYNN ARNESON AXELBERG, Petitioner and Appellant, and TRACY A. AXELBERG, Respondent and Appellee

Submitted on Briefs: March 11, 2015.

Released for Publication May 7, 2015.

Page 1226

APPEAL FROM: District Court of the Eleventh Judicial District, In and For the County of Flathead, Cause No. DR-11-357(D). Honorable David M. Ortley, Presiding Judge.

For Appellant: Marybeth M. Sampsel, Measure, Sampsel, Sullivan & O'Brien, P.C.; Kalispell, Montana.

For Appellee: P. Mars Scott, Ruth B. Anderson, P. Mars Scott Law Offices; Missoula, Montana.

MICHAEL E WHEAT. We Concur: MIKE McGRATH, PATRICIA COTTER, JAMES JEREMIAH SHEA, JIM RICE. Justice Michael E Wheat delivered the Opinion of the Court.

OPINION

Page 1227

MICHAEL E WHEAT, Judge.

[378 Mont. 529] [¶1] Delynn Axelberg appeals from the order of the Montana Eleventh Judicial District Court, Flathead County, dissolving her marriage

Page 1228

with Tracy Axelberg, dividing the marital estate, and ordering child support. We affirm.

ISSUES

[¶2] We review the following issues:

1. Did the District Court abuse its discretion by failing to consider the net worth of the marital estate before dividing the property?

2. Did the District Court err by awarding Tracy certain pre-marital and post-separation property?

3. Did the District Court abuse its discretion by refusing to award maintenance in favor of Delynn?

4. Did the District Court err by retroactively modifying Tracy's obligations under the Interim ...


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