In the Matter of the Marriage of Douglas and Minzer

“A trial court has considerable discretion to manage parties in their use of available court time. [T]he court may reasonably control the presentation of evidence, examination of witnesses, and the progress of trial.”

Mother appeals from the supplemental judgment of dissolution which awarded Father custody of the child and established the child support order. Mother argues the trial court abused its discretion by limiting her presentation of evidence and examining witnesses, challenges the calculation of child-care costs and award of attorney fees. The parties married in 2019 and have one child together. The trial court gave each party one and a half hours to present their evidence. Father called seven witnesses, including himself. Mother was able to cross-examine all of those witnesses except for Father. Mother called two witnesses, and did not testify herself. The trial court allowed both sides to submit affidavits of any additional evidence or witnesses after the time elapsed: Father submitted one, Mother did not. A final hearing was held for testimony of the psychologist who performed the custody evaluation. The trial court issued a judgment calculating Father’s child-care costs at $2,000 per month and awarded Father payment of all attorney fees. “A trial court has considerable discretion to manage parties in their use of available court time. [T]he court may reasonably control the presentation of evidence, examination of witnesses, and the progress of trial.” The Court reasoned the trial court had given each side equal time and left open the possibility of a future date. The Court also reasoned that the trial court’s judgment made no reference to Father’s affidavit and noted each side had “some credibility.” The Court determined that the trial court did not abuse its discretion in limiting the presentation of evidence and witnesses. The Court also determined, however, that the child-care costs were above the maximum allowable cost for the child’s age group and location and therefore the trial court erred in setting Father’s child care costs. Award of child support reversed and remanded, award of attorney fees and costs reversed, otherwise affirmed.