Judge overrules post-trial challenges in Butler case, leaves child-support calculation intact

Robert Butler appeared pro se and asked the court to alter or amend a final judgment entered after a July evidentiary hearing, alleging improper ex parte communications, false testimony and other defects. The court reviewed the allegations on the record and specifically addressed the accusation of an ex parte meeting between the judge, the petitioner and petitioner—s counsel.

Judge David D. Wolfe found the accusation of ex parte communication was unsupported by evidence and called it "circumstantial belief": the judge said no such meeting took place. The court also reviewed other factual complaints Butler raised; the judge noted he heard live testimony at the evidentiary hearing, found portions of the petitioner—s testimony credible, and concluded that Butler had not met the standard for altering or amending the final order. Butler—s motion to alter or amend the judgment filed 08/25/2025 was overruled.

The defendant also sought immediate reinstatement of parenting time and a mistrial. The court denied immediate reinstatement because Butler was incarcerated at the time of the hearing and the final order already provided a path for supervised visitation on release and a mechanism for review without showing a material change of circumstances. The court denied the motion for a mistrial, reiterating that Butler provided no evidence of ex parte communications and that a mistrial motion is not the appropriate post-judgment vehicle after entry of a final order.

Counsel and the court addressed a separate motion to reconsider child support. The judge explained that, under the child-support guidelines, the mother—s income had been set at $6,000 per month and that the court had applied an imputed income for Butler due to unemployment "due to his own fault." The court stated that Butler was not entitled to an amendment to the child-support calculation under the facts presented.

The court overruled Butler—s motion to alter or amend, denied mistrial and denied the immediate reinstatement of parenting time; the judge left in place the child-support determination and permitted other outstanding motions to be considered in due course.