Idaho Supreme Court

Pedro A. Pelayo, Plaintiff-Appellant v. Bertha Alicia Pelayo, Defendant-Respondent

June 21, 2013154 Idaho 855

Summary

The Idaho Supreme Court affirmed the district court’s decision upholding spousal maintenance, child-support income calculations, and an award of attorney fees in the divorce action. The court held that fault may be considered in setting spousal maintenance, that any error concerning the stated child-support income was harmless, and that the fee awards were supported by the applicable statutory factors. Bertha was also awarded attorney fees and costs on appeal because Pedro’s appeal was frivolous and without foundation.