Laurie Jo Ziebarth v. James Jay Ziebarth

After a trial in Franklin County District Court, the marriage of Laurie Jo and James Jay Ziebarth was dissolved. The husband
was awarded custody of the minor son and the wife was awarded custody of the minor daughter. The husband has appealed, alleging
that the district court abused its discretion in dividing the custody of the two minor children, in ordering him to pay child
support and $5,000 toward the wife's attorney fees, in incorrectly valuing the marital estate, and in awarding a money judgment
to the wife. The wife cross-appeals, also asserting that the trial court abused its discretion in splitting custody of the
children and asserting error in its failure to award alimony. James and Laurie Ziebarth were married on July 31, 1982, and had two children: Tyler, born May 12, 1984, and Jillian, born
June 5, 1988. The petition for dissolution was filed on January 3, 1990. A temporary order was entered which divided custody
of the children between the parents. Following a hearing, the court entered its final decree on August 9, 1990. Although the
guardian ad litem had recommended that the children be placed with James, the court continued the split custody arrangement
-- the son, Tyler, to James, and the daughter, Jillian, to Laurie. A visitation schedule was devised which provided that the
children were together each weekend, alternating between the mother and the father; together with each parent for 6 weeks
in the summer and on alternating holidays; and together with the mother on Mother's Day and the father on Father's Day. The
father was ordered to pay $200 per month child support. James was allowed the dependent tax exemptions and was ordered to
provide medical insurance and to pay for any uncovered medical, dental, and optometric expenses. Neither party was awarded
alimony. The marital property was divided, and the wife was awarded a money judgment of $13,385. James was also ordered to
pay $5,000 toward Laurie's attorney fees and to pay two-thirds of the guardian ad litem's fee of $3,740.96, with Laurie to
pay the remaining one-third.