Idaho Supreme Court

Arthur William Michalk, Plaintiff/respondent v. Wendi Lee Michalk, Defendant/appellant

October 20, 2009148 Idaho 224

Summary

The Idaho Supreme Court affirmed the divorce decree, including joint legal and physical custody, property and debt allocation, and related support provisions. It held that Wendi's largely unsupported and unpreserved arguments could not be considered, and alternatively concluded that the custody decision was within the magistrate court's discretion because the record did not establish that Art was a habitual perpetrator of domestic violence. The Court denied Wendi's request for fees and costs and awarded Art attorney fees and costs on appeal. No separate opinions were filed.