State of Michigan, ex. rel. Schneider v. Schneider
, 2008 ND 35,
745 N.W.2d 368
Any deviation from the child support guidelines requires the court to make a written finding or a specific finding on the record.
Child support must be ordered in the presumptive amount unless, taking into consideration the best interests of the children, the court finds the presumptive amount is not the correct amount of child support.
Cline v. Cline
, 2007 ND 85,
732 N.W.2d 385
A stipulation which results in a child support obligation less than that required by the child support guidelines violates public policy and will not be enforced.
When an obligor has been awarded extended visitation, as defined under the guidelines, adjustment to child support to reflect that visitation must be made in accordance with the guidelines.
When an obligor has a reduced ability to pay child support because of travel expenses incurred for child visitation, any adjustment must be made to the obligor's net income in computing child support.
Marquette v. Marquette
, 2006 ND 154,
719 N.W.2d 321
Visitation provisions which give the custodial parent total control over the time and manner of the noncustodial parent's visitation are not encouraged.
When a district court provides no indication of the evidentiary and theoretical basis for its restricted visitation decision, the reviewing court is left to speculate whether appropriate factors were considered and the law was properly applied.
Marital property valuations within the range of the evidence are not clearly erroneous.
Pensions and retirement benefits are marital assets subject to distribution by the court.
Smith v. Hall
, 2005 ND 215,
707 N.W.2d 247
The failure of the non-registering party to object to registration of a foreign child support order within the statutory time limit precludes the non-registering party from further contesting the registration on any ground that could be asserted at
the time of registration.
Oien v. Oien
, 2005 ND 205,
706 N.W.2d 81
Under the child support guidelines, disability does not necessarily excuse a parent from the obligation to pay child support.
The presence of a disability is a consideration that the court can take into account when determining the amount of support.
Submitting a document to a judge or to court personnel other than the clerk is not filing.
Interest of A.M.S.
, 2005 ND 64,
694 N.W.2d 8
Federal law permits decisions regarding rebuttal of child support payments to be made under criteria established by the State.
Under the Child Support Guidelines, an incarcerated child support obligor whose payment amounts are based on an imputed, federal-minimum-wage income cannot reduce these presumptively correct payments by showing a lack of financial resources due to
imprisonment.
Interest of T.C.R.
, 2005 ND 28,
694 N.W.2d 22
An order modifying child support to conform to the child support guidelines is summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Knoll v. Kuleck
, 2004 ND 199,
688 N.W.2d 370
The child support guidelines require a child support order to include a statement of the net income of the obligor used to determine the child support obligation, and how that net income was determined.
The child support guidelines require documentation of a child support obligor's income.
Interest of R.H.
, 2004 ND 170,
686 N.W.2d 107
A party against whom a presumption is directed has the burden of proving that the nonexistence of the presumed fact is more probable than its existence.
Rydberg v. Rydberg
, 2004 ND 73,
678 N.W.2d 534
Issues on appeal are not restricted to those raised in a motion to alter or amend the judgment as long as the issues were raised at the district court.
A statute of limitations acts only to bar the bringing of the specified action and does not affect other remedies.
Paternity can be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man.
Genetic tests are enough to rebut the presumption of paternity by clear and convincing evidence.
St. Claire v. St. Claire
, 2004 ND 39,
675 N.W.2d 175
Although prisoners have diminished constitutional protections, they maintain a due process right to reasonable access to the courts.
Procedural due process requires fundamental fairness, which, at a minimum, necessitates notice and a meaningful opportunity for a hearing appropriate to the nature of the case.
A person's due process right to appear may be satisfied by allowing appearance via telephone.
Interest of D.L.M.
, 2004 ND 38,
675 N.W.2d 187
The child support guidelines require the imputation of income when an obligor is unemployed.
A court errs as a matter of law when it fails to comply with the requirements of the child support guidelines in determining a child support obligation.
If the trial court finds the presumptively correct child support amount has been rebutted, it must make a specific finding.
Chapman v. Chapman
, 2004 ND 22,
673 N.W.2d 920
A party is entitled to have a court decide the merits of a dispute only after demonstrating standing to litigate the issues placed before the court.
Only parties may appeal district court decisions.
Issues may not be raised for the first time on appeal.
McClure v. McClure
, 2003 ND 130,
667 N.W.2d 575
In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used.
Smith v. Baumgartner
, 2003 ND 120,
665 N.W.2d 12
A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the
statute.
The legislative policy behind the enactment of the Uniform Interstate Family Support Act ("UIFSA") of ensuring uniform recognition and enforcement of child foreign child support orders among the states supports a rational inference that the
legislature intended retroactive application.
Morton Co. Social Service Bd. v. Hakanson
, 2003 ND 78,
660 N.W.2d 599
A child support order is modified when past due child support obligations are forgiven.
When a child support judgment is transcribed and filed with the clerk of court in another county for the purpose of enforcement, the original county does not lose continuing jurisdiction for all other child support matters, such as modification of
the original judgment.
Berger v. Holt
, 2003 ND 34,
657 N.W.2d 273
A parent's legal obligation to support his or her child continues when the child is placed in foster care.
Greybull v. Harlan
, 2002 ND 195,
653 N.W.2d 869
Denial of motion to reduce child support payment summarily affirmed under N.D.R.App.P. 35.1(a)(7).
Ramsey Co. Social Serv. Bd. v. Kamara
, 2002 ND 192,
653 N.W.2d 693
When seeking modification of a child support order within one year of its entry, the party seeking modification must establish that a material change of circumstances has occurred.
Income for incarcerated persons may be imputed at the minimum wage.
Interest of F.R.S.
, 2002 ND 191,
653 N.W.2d 659
In computing an obligor's income under the child support guidelines, the court may consider circumstances that materially affect the child support obligation and are likely to change in the near future.
A party cannot predicate error on the trial court's failure to properly compute the obligor's net income, when the complaining party failed to provide the court necessary information for that purpose.
Christl v. Swanson
, 2001 ND 98,
626 N.W.2d 690
Under the Child Support Guidelines, prior to the August 1, 1999 amendments, the district court could deduct from an obligor's adjusted gross income business costs actually incurred and paid, but not expensed for internal revenue purposes.
Lukenbill v. Fettig
, 2001 ND 47,
623 N.W.2d 7
In setting a child support obligation, the district court must clearly set forth how it arrived at the amount of the obligor's income and level of support.
A court may allocate income tax dependency exemptions, and its allocation is reviewable under a "clearly erroneous" standard of review.
When determining the existence or nonexistence of a parent-child relationship, a court may order parties to pay costs in the proportions it determines, and may award reasonable attorney fees based on the agreement of the parties or for a frivolous
claim.
Lawrence v. Delkamp
, 2000 ND 214,
620 N.W.2d 151
Under N.D.C.C. 14-09-06.2(1)(j), threats can constitute domestic violence for purposes of restricting visitation only if they constitute the infliction of fear of imminent physical harm.
Ruscheinsky v. Ulrich
, 2000 ND 133,
612 N.W.2d 283
An order for child support that is due and unpaid can constitute a judgment by operation of law. Since April 2, 1999, such judgments are no longer subject to a statute of limitations or to cancellation.
The child support arrearage amount on a certified State Disbursement Unit ledger is prima facie evidence of the state's records.
Christl v. Swanson
, 2000 ND 74,
609 N.W.2d 70
Under N.D. Admin. Code 75-02-04.1-09(4), an asset transaction may be presumed to have been made for the purpose of reducing a child support obligor's income available for the payment of child support if all three specified factors exist.
Bleth v. Bleth
, 2000 ND 52,
607 N.W.2d 577
To prevail on appeal, an issue must be properly raised in the district court, and a record created for informed appellate review.
Aus v. Carter,
, 1999 ND 246,
603 N.W.2d 885
A motion for a new trial based on newly discovered evidence in a custody case is treated as a motion for a change of custody.
In deciding whether to grant a motion for a new trial based on newly discovered evidence in a case involving a custodial parent's request to move, the court must consider the factors under Stout and its progeny.
Renner v. Mikkelson
, 1999 ND 227,
606 N.W.2d 137
Trial court judgment awarding custody summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Richter v. Houser
, 1999 ND 147,
598 N.W.2d 193
Courts do not apply the child support guidelines in a vacuum but must use common sense and consideration of the circumstances in determining an obligor's income and support obligation.
In an appropriate case, a trial court, to determine if the obligor was underemployed, may consider what a person with similar work history and occupational qualifications could earn at job sites both within and outside the community.
N.D.C.C. 14-09-14 does not bar a court from awarding past due child support based upon the defendant parent's legal obligation to provide support.
Henderson v. Henderson
, 1999 ND 156,
598 N.W.2d 490
Under the Uniform Interstate Family Support Act, a child support obligor may contest the validity or enforcement of a child support order if the order has been vacated, suspended, or modified by a later order, or if full payment has been made.
Tibor v. Bendrick
, 1999 ND 92,
593 N.W.2d 395
Under the child support guidelines, a lump sum payment of social security disability benefits must be credited toward the obligor's child support arrearages which accrued during the months the payment was intended to cover.
Reeves v. Chepulis
, 1999 ND 63,
591 N.W.2d 791
Evidence of domestic violence which clearly does not trigger the statutory presumption should be considered as one of the best interest factors under N.D.C.C. 14-09-06.2.
Primary caretaker status, a relevant factor to be considered under the best interest statute, generally applies to the parent who has provided the child with daily nurturance, care and support.
Roberson v. Anderson
, 1999 ND 19,
592 N.W.2d 923
Trial court judgment affirming a referee's decision to abate child support obligations during temporary periods in which the child resides with the non-custodial parent is summarily reversed and remanded under N.D.R.App.P. 35.1(b).
Darling v. Gosselin
, 1999 ND 8,
589 N.W.2d 192
Under N.D.C.C. 14-08.1-05 a due and unpaid child support payment becomes a judgment as a matter of law.
Post-judgment interest is determined in the same manner as judgments entered by a district court, and thus begins to accrue on the day the payment becomes due and unpaid.
Post-judgment interest on child support arrears may be docketed as a judgment without interest.
Schumacher v. Schumacher
, 1999 ND 10,
589 N.W.2d 185
Medical expenses, supported by testimony, may be deducted when calculating obligor's child support obligation.
A child support obligation may not be abated during summer visitation.
Lawrence v. Delkamp
, 1998 ND 178,
584 N.W.2d 515
Under N.D.C.C.14-09-09.10(8) and N.D. Admin. Code
75-02-04.1-01(5), employer-paid benefits which included
contributions to a 401(k) plan, medical insurance premiums,
dental insurance premiums, life insurance premiums, accidental
death and disability insurance premiums, long-term disability
insurance premiums, and pension fund contributions were all
properly included as gross income for a determination of the
employee's child support obligation.
Rydberg v. Johnson
, 1998 ND 160,
583 N.W.2d 631
Past child support may be awarded in an action under N.D.C.C. ch.
14-17.
Berg v. Ullman, ex rel., Ullman
, 1998 ND 74,
576 N.W.2d 218
A child support obligor is required by N.D. Admin. Code
75-02-04.1-02(7) to provide
documentation of current income.
Under N.D. Admin. Code 75-02-04.1-07(3), income must be imputed
to an underemployed obligor.
Although there are three methods of imputation, the baseline or
minimum imputation is 167 times the federal minimum wage.
A child support order must include a statement of the obligor's
net income and how that income was determined.
Zimmerman v. Newton
, 1997 ND 197,
569 N.W.2d 700
A North Dakota trial court does not err in declining to exercise
jurisdiction over an interstate custody dispute when there was a
prior proceeding about custody of the child pending in another
state when the North Dakota action was filed.
Hieb v. Hieb
, 1997 ND 171,
568 N.W.2d 598
The Child Support Guidelines require deduction of business
expenses, such as meal expenses according to I.R.S. terminology,
to determine adjusted gross income for self-employment.
Meal expenses not allowed as a deduction for taxation purposes
and not proven as actual business travel expenditures cannot be
deducted from adjusted gross income to arrive at self-employment
net income.
Interest of L.D.C.
, 1997 ND 104,
564 N.W.2d 298
A trial court may not award child support less than the child
support guidelines when the court made no findings to justify a
deviation.
Edwards v. Edwards
, 1997 ND 94,
563 N.W.2d 394
The non-custodial parent's annual income as a machinist,
eliminated when he purchased the business, was the best predictor
of the income he would receive from the business as its
owner/operator, and the trial court erred in failing to impute
that income to him in determining his child support obligation.
The child support guidelines allow a deduction from adjusted
gross income for payments made on business loans to purchase
depreciable assets which result in a net reduction in total
principal obligations.
The trial court erred in providing an abatement of child support
for the child's temporary summer visits with the non-custodial
parent.
The trial court abused its discretion under the facts of this
case when it delayed the effective date of support to provide for
summer visitation and without any other proper reason.
Steffes v. Steffes
, 1997 ND 49,
560 N.W.2d 888
A child support obligor is entitled to a credit for post-majority
support withheld from his wages under an income withholding order
whenever the conditions for support specified in the judgment are
not satisfied.
The amount of the obligor's credit is calculated under the child
support guidelines and not by a pro rata deduction for the
children who do not satisfy the conditions for post-majority
support.
Austin v. Towne
, 1997 ND 59,
560 N.W.2d 895
Motion under N.D.R.Civ.P. 59(j) was timely. Defendant was not
entitled to credit on his child support arrearage for social
security dependency payments.
Frafjord v. Ell
, 1997 ND 16,
558 N.W.2d 848
The trial court did not err in treating this action as an
original custody determination, not requiring a showing of
changed circumstances, when the parents' prior custody
stipulation had not been approved or incorporated in a judicial
order or decree.
The trial court did not abuse its discretion in denying a motion
for a new trial or for relief from the judgment under Rules 59
and 60, N.D.R.Civ.P., when the moving party presented no evidence
to support his conclusory allegations of misconduct by the trial
court and opposing counsel.
Lang v. Lang
, 1997 ND 17,
558 N.W.2d 859
An order on a motion brought under Rule 52(b), N.D.R.Civ.P., for
amended findings of fact is not appealable.
Wolf v. Wolf
,
557 N.W.2d 742 (N.D. 1996)
Trial court's award of child support was clearly
erroneous under the child support guidelines
because of inadequate findings regarding net monthly
income. Spousal support award and property division
were not clearly erroneous.
Interest of McIlwain
,
562 N.W.2d 104 (N.D. 1996)
Summarily affirmed under Rule 35.1, N.D.R.App.P.
Horner v. Horner
,
549 N.W.2d 669 (N.D. 1996)
Surerus v. Matuska
,
548 N.W.2d 384 (N.D. 1996)
Mertes v. Walberg
,
548 N.W.2d 378 (N.D. 1996)
Dalin v. Dalin
,
545 N.W.2d 785 (N.D. 1996)
Botner v. Botner
,
545 N.W.2d 188 (N.D. 1996)
Helbling v. Helbling
,
541 N.W.2d 443 (N.D. 1995)
Hobus v. Hobus
,
540 N.W.2d 158 (N.D. 1995)
Quamme v. Bellino, f/k/a Quamme
,
540 N.W.2d 142 (N.D. 1995)
Eklund v. Eklund
,
538 N.W.2d 182 (N.D. 1995)
Throndset v. J.H.
,
532 N.W.2d 394 (N.D. 1995)
Blaesing v. Syvertson
,
532 N.W.2d 670 (N.D. 1995)
Schmidt v. Reamann
,
523 N.W.2d 70 (N.D. 1994)
Throndset v. Taillon
,
408 N.W.2d 739 (N.D. 1987)
Dennis v. Dennis
,
387 N.W.2d 234 (N.D. 1986)
Perry v. Perry
,
382 N.W.2d 628 (N.D. 1986)
State of Minnesota, ex rel. Licha v. Doty
,
326 N.W.2d 74 (N.D. 1982)
Gottschald v. Gottschald
,
312 N.W.2d 705 (N.D. 1981)
Kitchen v. Kitchen
,
304 N.W.2d 694 (N.D. 1981)
Aabye v. Aabye
,
292 N.W.2d 92 (N.D. 1980)
State of Oregon, ex rel. Krueger v. Krueger
,
292 N.W.2d 60 (N.D. 1980)
Rolette Co. v. Eltobgi
,
221 N.W.2d 645 (N.D. 1974)
Fetch v. Buehner
,
200 N.W.2d 258 (N.D. 1972)
Buchmann v. Buchmann
,
196 N.W.2d 80 (N.D. 1972)