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In re Marriage of Nimmo

Colorado Supreme Court

891 P.2d 1002 (1995)

Facts

Nick Nimmo and Margaret Seanor dissolved their marriage. The dissolution decree incorporated a settlement agreement that provided for Nimmo’s payment of maintenance and child support. Seanor remarried. A few months later, Seanor moved for an increase in the amount of Nimmo’s child-support payments. Nimmo submitted interrogatories to obtain information on Seanor’s income, including funds made available to Seanor by her new husband and the extent to which the new husband contributed to the payment of various household expenses. Nimmo moved to compel discovery, which the trial court denied. Nimmo appealed. The court of appeals affirmed the trial court’s decision, emphasizing the common-law rule that the income of third parties is irrelevant to a child-support determination. Nimmo again appealed. The Colorado Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Erickson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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