Justia Family Law Opinion Summaries

Shannon Belgarde appealed an order denying her motion to vacate a divorce judgment, which was entered pursuant to a stipulation. Shannon Belgarde (formerly Paulson) and Kristofor Paulson married in 2013. They divorced on December 4, 2019 based on a stipulated settlement agreement signed by both parties and filed with the district court on November 12, 2019. Neither party was represented by counsel during the drafting or execution of the settlement agreement. Belgarde moved to vacate the divorce judgment under N.D.R.Civ.P. 60(b), arguing the judgment should be vacated on the grounds of duress, newly discovered evidence, fraud, misrepresentation, misconduct, and because the divorce stipulation was so one-sided as to be unconscionable. Belgarde argued she relied on Paulson’s statements regarding future reconciliation when she signed the settlement agreement. She stated she did not realize these statements were false until she discovered evidence of an alleged affair. Belgarde also argued the divorce stipulation was so one-sided as to be unconscionable. Belgarde submitted affidavits and several exhibits in support of her motion. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Paulson v. Paulson" on Justia Law

Cory Davis appealed a district court order denying his motion for Rule 60(b), N.D.R.Civ.P., relief from a judgment. In September of 2019 Tracy Davis served Cory with a summons and complaint for divorce. Cory did not prepare or serve a formal answer. On October 14, 2019, the district court issued an order for mediation. The parties attended mediation without final resolution of their case. After a mediation closing form was filed the court issued a scheduling order and notice of bench trial for January 23, 2020. On December 13, 2019, Tracy filed a motion for default judgment. That same day she served Cory with the motion by mail. On December 23, 2019, the district court issued an order granting default judgment, along with judgment by default. On January 8, 2020, Cory filed an answer and counterclaim, notice of motion for relief from judgment, and brief in support of motion for Rule 60 relief, arguing he did not receive the time required under N.D.R.Ct. 3.2 to respond to Tracy's motion for default. On appeal of the denial of relief, Cory argued the court erred in denying his motion because the judgment was entered prior to the expiration of his time to respond under N.D.R.Ct. 3.2(a). After review, the North Dakota Supreme Court reversed and remanded with instructions to vacate the default judgment and provide Cory an opportunity to respond consistent with N.D.R.Ct. 3.2(a)(2). View "Davis v. Davis, et al." on Justia Law

Kevin Willprecht appealed an amended judgment altering his child support and spousal support obligations. Kevin argued the district court erred in awarding spousal support without reconsidering the Ruff-Fischer guidelines, by failing to analyze Wendy Willprecht’s spousal need as reflected by her living expenses, and because the spousal support award exceeded Kevin's ability to pay. After review, the North Dakota Supreme Court reversed and remanded the district court’s spousal support award for further proceedings: "Although the district court concluded a new income disparity arose because of step-down provisions being added to the child support obligation, it failed to adequately assess Kevin Willprecht’s ability to meet the new obligation for spousal support." View "Willprecht v. Willprecht" on Justia Law

Daniel Stoddard appealed a district court order and judgment amending the parenting plan between Stoddard and Christina Singer for their minor child, M.S.S. Stoddard presented twelve issues, contending the district court erred in its determination a change in primary residential responsibility was unwarranted. The North Dakota Supreme Court reduced Stoddard’s issues to the four arguments addressed in its opinion, and ultimately affirmed the district court’s order and judgment . Stoddard did not meet his burden of proof regarding: primary residential responsibility; not appointing a parenting investigator; and delaying the emergency hearing. The Court reversed the district court’s order preventing Stoddard from proceeding on a psychological parent claim related Singer's child from a previous relationship, J.B.G. View "Stoddard v. Singer" on Justia Law

Terry George appealed a domestic violence protection order entered against him, claiming the district court erred, without properly explaining the factual basis for its decision, in finding that a preponderance of the evidence supported that actual or imminent domestic violence had or would occur. Nicole Lindstaedt and George dated for approximately four years. They lived together and had a child in common. In February 2020, Lindstaedt petitioned for a domestic violence protection order against George, alleging he choked her, punched her, threatened to kill her, and forced her to have sex with him. After a hearing, the district court found George had committed domestic violence and issued a protection order against him. The order prohibited George from having contact with Lindstaedt for two years. The North Dakota Supreme Court concluded the district court’s finding of domestic violence was not induced by an erroneous view of the law, nor was the Court left with a definite and firm conviction a mistake has been made. The Supreme Court's review of the record showed Lindstaedt presented sufficient evidence for the district court to find domestic violence by recent physical harm and nonconsensual sex. The Supreme Court therefore affirmed the domestic violence protection order. View "Lindstaedt v. George" on Justia Law

Amber Sather appealed a trial court judgment in hers and Adam Sather's divorce, a judgment that included a parenting plan for the parties’ children. She argued the district court erred by failing to include certain parenting plan provisions in the judgment. The North Dakota Supreme Court found section 14-09-30, N.D.C.C., required all parenting plans, including plans stipulated to and adopted by the court, to contain provisions regarding decision-making responsibility, dispute resolution, transportation and exchanges, and summer parenting time; or an explanation as to why the provisions were not included. The parenting plan here did not include these provisions or explain why they were not included. Thus, the Supreme Court concluded the district court erred by adopting the parties’ parenting plan without either all of the information in N.D.C.C. section 14-09-30(2) being included, or after considering the best interests of the children as required by N.D.C.C. section 14-09- 30(1), providing its own findings regarding the same. Judgment was reversed and the matter remanded for further proceedings. View "Sather v. Sather" on Justia Law

W.A. appealed a district court order finding P.K. the father of V.G.A. and awarding P.K. and W.A. equal decision-making responsibility, P.K. primary residential responsibility, W.A. parenting time, and ordering W.A. to pay child support. W.A. argued the district court did not follow proper procedure in adjudicating primary residential responsibility to P.K. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "North Dakota, et al. v. P.K." on Justia Law

This action concerned child support for the parties’ child, J.T.G. A Nevada court granted Vickie Lenard (aka Gooss) primary residential responsibility for J.T.G. The court awarded Jeffrey Gooss parenting time and required him to pay child support at $350.00 per month, which included $50.00 in child support arrears. In the event Lenard relocated from Nevada to Colorado, Gooss’s child support obligation would be waived, and he would only bear travel expenses for himself and J.T.G. However, Lenard never relocated to Colorado, but she did relocate on multiple occasions to several other states with J.T.G. North Dakota requested a modification of child support when Lenard moved to North Dakota in 2019. Gooss challenged the district court’s jurisdiction to modify the child support originally ordered by the Nevada court. Gooss argued travel expenses were part of the parenting plan, and North Dakota lacked jurisdiction to modify the child custody arrangement issued by another state under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). Gooss also challenged the calculation of child support, argued imposing child support was inequitable, and claimed a deviation for travel expenses was necessary. The district court held a hearing on the motions where it heard testimony and considered evidence and ultimately modified the child support obligation. Finding the North Dakota trial court had jurisdiction to modify the obligation, and no other reversible error, the North Dakota Supreme Court affirmed the modification. View "Gooss v. Gooss, et al." on Justia Law

Cody Muscha appealed a domestic violence protection order, arguing he was provided with the wrong date for the hearing, therefore, he was deprived of his due process right to be heard. In affirming the district court's order, the North Dakota Supreme Court found that contrary to Muscha’s argument, the requirements of procedural due process were satisfied. Notice was provided to Muscha on January 8, 2020, well in advance of the January 16 hearing. The notice was reasonably calculated to inform him of a proceeding which had the potential to adversely affect his legal interests. Muscha’s failure to recognize the discrepancy between what he was allegedly told by the deputy and what the hearing notice stated, and his failure to appear at the hearing, could not be imputed to the district court, even assuming Muscha was provided with an incorrect date. Therefore, the district court did not err by issuing the permanent domestic violence protection order. View "Krolik v. Muscha" on Justia Law

M.L.B. appealed a district court order denying her petition to terminate T.D.R.’s parental rights. M.L.B. and T.D.R. had one child together, C.A.R., born in 2015. In May 2018, M.L.B. petitioned for termination of T.D.R.’s parental rights, claiming T.D.R. had not seen C.A.R. since February 2017 and T.D.R. failed to pay child support except for one payment in January 2018. In a separate action, M.L.B.’s husband, A.G., petitioned to adopt C.A.R. After a September 2019 hearing, the district court found T.D.R. had not abandoned C.A.R. The court found T.D.R.’s lack of contact with C.A.R. was justified because T.D.R. relied on his counsel’s advice during the pendency of his criminal case. The court also found T.D.R.’s failure to financially support C.A.R. before a child support order was in place did not support an intent to abandon C.A.R. The court found a child support order was not in place until August 2017, after its entry T.D.R. maintained substantial compliance, and T.D.R. was current on his support payments at the time of the hearing. The court thus denied M.L.B.’s petition to terminate T.D.R.’s parental rights. The North Dakota Supreme Court concluded the district court did not abuse its discretion in denying M.L.B.’s petition to terminate T.D.R.’s parental rights. The court’s findings had support in the record, and it did not act in an arbitrary, unconscionable, or unreasonable manner in making its decision. View "Interest of C.A.R." on Justia Law