Elizabeth Miller v. Mark Miller

Boise, Idaho family law lawyers represented the parties in a divorce action.

This case concerns the arbitrability of a divorce action. Elizabeth Miller filed for divorce in June 2021. During the divorce proceedings, her husband, Doctor Mark Miller, agreed to submit the matter to arbitration if Elizabeth would waive her spousal support claims. She did and the issue
went to arbitration. After conducting the arbitration, the arbitrator elected to divide the community assets unequally, awarding 60% of the marital assets to Elizabeth and 40% to Mark. The arbitrator also determined that Mark owed Elizabeth retroactive child support.

After the arbitrator issued the award, Mark unsuccessfully challenged the award’s validity in the magistrate court. Mark then
appealed to the district court, but the district court also ruled against Mark and awarded partial attorney fees to Elizabeth for the appeal.

The district court’s opinion is affirmed. The case is remanded to the district court with
instructions to remand to the magistrate court for a consideration of appellate attorney fees pursuant to Idaho Code section 32-704(3). Elizabeth is awarded costs on appeal. I.A.R. 40(a)