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In re Marriage of Horsman3/13/2002
000 property distribution to Randall be applied as a credit against his future child support obligation. Unlike property settlements, child support obligations are subject to future modification and in some cases elimination. We modify the parties' decree by eliminating the credit granted by the trial court against Randall's future child support obligation. We conclude Carrie should pay the $12,000 property distribution to Randall in annual installments of $1,200 without interest commencing June 30, 2002 and continuing until paid in full. Carrie shall receive a credit for any accrued but unpaid child support owed by Randall as each of her installments become due.
V. JUDICIAL NOTICE ISSUE.
Randall contends the district court erred in taking judicial notice of the minutes of testimony accompanying a trial information filed against him as a result of an incident which occurred a few days before trial. We agree with Randall's contention that the minutes of testimony attached to a criminal trial information are not evidence and, unless admitted to by the defendant, are subject to reasonable dispute. The record suggests the trial court read the minutes of testimony. It is not clear, however, that the trial court accepted the minutes as true and relied on them in rendering its decision. Furthermore, even if the court did consider the minutes of testimony in reaching its decision, our de novo scope of review renders this issue moot.
VI. CONCLUSION.
We affirm the visitation order entered by the district court. We affirm the trial court's allocation of assets and debts as modified.
AFFIRMED AS MODIFIED.
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