Justia Family Law Opinion Summaries

Ayrica Penor, formerly Ayrica Jensen, appealed a district court order denying her motion to modify primary residential responsibility. On appeal, Penor argued the district court erred in determining that she failed to plead a prima facie case and in denying her request for a hearing. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Jensen v. Jensen, et al." on Justia Law

Paul Reed appealed a district court judgment modifying his child support obligation, arguing the court erred in determining his gross income. Reed had two separate sources of income: a military disability benefit of $2,571.85 monthly and a military pension of $2,491.00 monthly. Reed’s first ex-wife received a monthly payment of $622.75 from his military pension and a monthly payment of $189.72 for a Survivor Benefit Plan (SBP). Reed’s second ex-wife, Ellen Reed, received a monthly payment of $327.00 from his military pension. Reed argued the payments made to his ex-wives should have been deducted from his total gross income when calculating his child support obligation. The district court disagreed, did not deduct the payments made to his ex-wives, and modified Reed’s monthly child support obligation to $1,657.00 per month. Although the North Dakota Supreme Court agreed military disability benefits and military pension payments payable to Reed fell within the definition and examples of income, the Court concluded retirement benefits allocated within the property division in the prior divorce proceedings was not income for child support purposes. The allocation of $622.75 to Reed’s first ex-wife should not have been included in his calculation of income for child support because the funds were the property of his first ex-wife. The payment was specifically included in the property division in Reed and his first ex-wife’s divorce judgment. The monthly payment of $327.00 to Ellen Reed was her property and therefore not income. The monthly SBP payment of $189.72 was correctly included in Paul Reed’s income. The SBP payment is not included within the division of property in the divorce judgment. The support order was reversed and the matter remanded for recalculation of the child support obligation. View "Reed v. Reed, et al." on Justia Law

Heather Kitzan appealed a judgment entered following a bench trial in her divorce action against Justun Kitzan asserting the district court erred in including certain items as marital property, in distributing the marital estate, and in denying her spousal support. After review of the trial court record, the North Dakota Supreme Court found no reversible error and affirmed the district court’s judgment. View "Kitzan v. Kitzan, et al." on Justia Law

R.F. appealed a juvenile court order appointing a guardian for R.F.’s and S.V.’s children and restricting contact and visitation between the parents and children. C.B. filed petitions for guardianship of G.V. and S.V., R.F.’s and S.V.’s children. R.F. is the mother, and S.V. is the father. C.B. is the children’s maternal grandmother, and she lives in Fargo. Both parents were living in Florida at the time of the hearing. A judicial referee granted C.B. guardianship for three years and restricted the visitation rights of R.F. and S.V. On de novo review, the juvenile court then adopted the referee’s findings and order. At the time of the hearing, G.V. was eight and S.V. was four. C.B. had been taking care of the children since their births. R.F. would sometimes live with C.B., but she would come and go as she pleased, leaving the children with C.B. for extended periods. S.V. sometimes visited the children with R.F. Both parents wanted their children to reside in Florida, and R.F. wanted the children to live with her since she was not incarcerated. R.F. and S.V. provided the juvenile court a letter predating the guardianship petition stating their preference that in the event that they were unable to take care of the children, they wanted them to reside with their paternal grandmother in Florida. The juvenile court found that neither parent has acted as the primary caregiver or parental figure during the children’s lives. The juvenile court found that in Florida neither parent was the primary caregiver for the children; instead they lived for most of that time with their paternal grandmother. R.F. had warrants out for her arrest at the time of the hearing, she has absconded from probation, and she has not been a consistent presence in the children’s lives because of her criminal activity. S.V. also spent time in jail and has voluntarily left the children with C.B. since their births and has not cared for them as required by law. The North Dakota Supreme Court concluded the juvenile court did not err in its order appointing a guardian and for restricting contact between the parents and children. View "Interest of G.V." on Justia Law

Mark Rath appealed district court orders granting the State’s request for an extension of time to file pleadings, granting two protective orders to Heather Zins, denying two applications to file motions subject to a then existing but subsequently vacated pre-filing order, and a final judgment denying his motion to amend a child support judgment. Rath also argued the North Dakota Child Support Guidelines were unconstitutional. Rath and Zins shared one minor child, A.J.O., born in 2004. The North Dakota Department of Human Services’ Child Support Enforcement Division (“the State”) commenced support proceedings against Rath in 2005 and a judgment ordering child support payments was entered. The judgment was amended in 2008 to establish a parenting plan for A.J.O. Zins was awarded primary residential responsibility while Rath received scheduled parenting time. The judgment was modified three different times—in 2009, 2013, and 2016—with the last judgment requiring Rath to pay $366.00 per month. The district court issued an order detailing the applicable provisions of the North Dakota Child Support Guidelines, applying them to the evidence presented at the hearing, and addressing Rath’s constitutional claims. The court denied Rath’s motion to modify his child support judgment. The North Dakota Supreme Court affirmed the district court’s orders granting the State an extension, protection orders on behalf of Zins, and the final judgment denying Rath’s motion to amend his child support obligation. The Court reversed the district court’s orders denying Rath’s applications to file pleadings pursuant to a vacated pre-filing order and remanded to allow for further proceedings. View "Burleigh Cty. Social Service Bd. v. Rath" on Justia Law

Chad Quamme appealed an amended judgment setting his child support obligation and ordering him to pay spousal support to Ashley Quamme. After review, the North Dakota Supreme Court concluded the district court failed to properly calculate Chad's child support obligation and the evidence in the record did not support the court’s spousal support decision. Judgment was reversed and the case remanded for further proceedings. View "Quamme v. Quamme" on Justia Law

Alonna Knorr, formerly known as Alonna Knorr Norberg, appealed a money judgment entered in favor of Jon Norberg for Knorr’s share of unpaid expenses assigned to her under the divorce judgment. Knorr argued the district court erred by denying her motion to dismiss or vacate the order granting Norberg’s motion to amend the judgment because the parties had a global settlement agreement that resolved the issues in this case. In Knorr v. Norberg, 2022 ND 139, 977 N.W.2d 711, the North Dakota Supreme Court retained jurisdiction and remanded for the district court to consider the settlement agreement and for an explanation of the basis for its decision. View "Norberg v. Norberg, et al." on Justia Law

Issac Vassel appealed a district court’s divorce judgment and calculation of child support entered following a bench trial. Issac Vassel and Felice Vassel were in a relationship in 2009 and married in 2015. The parties had three minor children together, born in 2010, 2012, and 2016. Felice attempted to file an action for divorce in or around September 2020. The summons and complaint were returned undeliverable. Felice filed a summons and complaint in North Dakota on October 15, 2020. Issac answered and filed a counterclaim on March 15, 2021. A bench trial was held on March 1, 2022. The parties testified at trial. Issac contended the district court erred by awarding Felice back child support because the award was not supported by the record. Finding no reversible error, the North Dakota Supreme Court affirmed the award. View "Vassel v. Vassel" on Justia Law

T.K. (mother) appealed an order denying her petition to terminate D.D.G.’s, parental rights to the children J.J.G., M.K.G., and O.J.G and from an order denying her motion for a new trial. T.K. and D.D.G., the father, had three children together: J.J.G. born in 2008; M.K.G. born in 2009; and O.J.G. born in 2014. In September 2021, the mother petitioned to terminate the father’s parental rights, alleging the father abandoned the children. She alleged the father has a history of drug use, he abused her in front of the children, he has not seen or communicated with the two younger children for three years, he had one visit with the oldest child in 2019 and another visit in 2020, and he has not provided any financial support for the children. An evidentiary hearing was held; and the mother, father, and other relatives testified. The district court denied the mother’s petition, concluding there was not clear and convincing evidence the father abandoned the children. The mother moved for a new trial under N.D.R.Civ.P. 59. T.K. argued the district court erred by failing to terminate D.D.G.’s parental rights, there was clear and convincing evidence he abandoned the children, and the court erred by denying her motion for a new trial. The North Dakota Supreme Court concluded the district court’s findings were not clearly erroneous and the court did not abuse its discretion by denying the motion for a new trial. View "Interest of J.J.G., M.K.G. & O.J.G." on Justia Law

N.L., Sr. appeals from the juvenile court’s order terminating his parental rights. A.H. and N.L., Sr. were the biological mother and father of N.L., Jr., born in 2015 and J.L., born in 2018. In August 2020, N.L. and J.L. were removed from their home after law enforcement performed a welfare check. N.L., Sr. argues the court lacked subject matter jurisdiction to terminate his parental rights, the Grand Forks County Human Service Zone (GFCHSZ) lacked standing, and the court erred in finding GFCHSZ met the requirements for termination of parental rights under the federal Indian Child Welfare Act (ICWA) and N.D.C.C. § 27-20.3-19. Finding no reversible error, the North Dakota Supreme Court affirmed the termination. View "Interest of N.L." on Justia Law