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Samiec v. Fermelia

Supreme Court of Wyoming

August 28, 2013

Zygmunt John SAMIEC, Appellant (Plaintiff),
v.
Susan Kay FERMELIA, f/k/a Susan Kay Samiec, Appellee (Defendant).

Representing Appellant: Jon Aimone of Lemich Law Center, Rock Springs, WY.

Representing Appellee: Eric F. Phillips, Rock Springs, WY.

Before KITE, C.J., HILL, VOIGT, BURKE, and DAVIS, JJ.

Page 845

HILL, Justice.

[¶ 1] Father challenges an order interpreting divorce decree provisions that govern payment of counseling and medical expenses for the parties' children. We affirm.

ISSUES

[¶ 2] Father states his issues as follows:

1. On a stipulated case, did the District Court err in answering a question which it had not been asked to answer?
2. Did the District Court abuse its discretion when it denied Fathers' Motion for Continuance to allow the presentation of evidence on the question, which the District Court answered but had not been asked to answer?

FACTS

[¶ 3] In December of 2008, Zygmunt John Samiec (Father) filed for divorce from Susan Kay Fermelia f/k/a Samiec (Mother). Mother was awarded temporary custody of their two children and in 2009 the parties executed a settlement agreement, which was incorporated into the parties' divorce decree. Mother was awarded primary residential custody of the two children, with visitation for Father. The parties' agreement further included the following two provisions, at issue in this case:

7. ... [Father] and [Mother] further agree [to] equally share the current outstanding and future costs and fees for the minor children's extracurricular activities, school activities and counseling costs....
....
10. ... [Father] currently carries medical insurance for the minor children. All costs of medical, dental optometric [sic], or orthodontic care not covered by such insurance for the children shall be split between the parties with ...

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