Justia Family Law Opinion Summaries

Victoria Fietzek and Henry Fietzek cross-appealed a divorce judgment. Victoria argued the district court erred in: (1) its Ruff-Fischer analysis; (2) the distribution of the marital estate; (3) the valuation of the assets; (4) finding Henry did not commit economic waste; (5) limiting the duration of spousal support; and (6) in not awarding attorney’s fees to her. Henry argued only that the district court erred in the duration and amount of spousal support awarded to Victoria. After review, the North Dakota Supreme Court affirmed the district court’s Ruff-Fischer analysis, the court’s findings of fact in regard to the equitable distribution of the martial estate, the court’s finding that Henry did not commit economic waste, and the court’s denial of attorney’s fees. The Supreme Court reversed the order for spousal support and remanded for the district court to make additional findings regarding spousal support and, if necessary, reconsider the allocation of property. View "Fietzek v. Fietzek" on Justia Law

Mark Rath appeals from a disorderly conduct restraining order directing him to have no contact with Kayla Jones for one year. In 2013, Rath and Jones divorced. Together they had two children. In July 2022, Jones filed a petition for a disorderly conduct restraining order after Rath sent numerous e-mails to Jones, her attorney, and her employer during a short period of time. A temporary restraining order was issued. In August 2022, a hearing was held and the district court granted a disorderly conduct restraining order against Rath. Rath argued the court abused its discretion by not holding a hearing within fourteen days of issuing the temporary restraining order. He argued the court abused its discretion by granting a restraining order even though Jones’s petition did not comply with N.D.C.C. § 12.1-31.2-01(3). He also argued the court abused its discretion by issuing the disorderly conduct restraining order without sufficient findings. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Jones v. Rath" on Justia Law

Cassandra Goetz appealed a corrected amended judgment awarding her and Joshua Goetz equal residential responsibility of their minor children and awarding Joshua primary decision making responsibility. After review, the North Dakota Supreme Court determined further findings were warranted. The Court remanded the case with instructions that the district court make specific findings regarding whether the material change in circumstances resulted in a general decline or adversely affected the children. View "Goetz v. Goetz, et al." on Justia Law

Mark Rath appealed an order denying his motion to modify child support. He argued the district court erred when it applied the North Dakota Supreme Court’s vexatious litigant pre-filing order, when it allowed the State to file a response to his motion after the deadline, and when it denied his motion without a hearing. Finding no reversible error, the Supreme Court affirmed the district court. View "Rath v. Rath, et al." on Justia Law

Michael Brockmeyer appealed a district court order denying his motion to modify his joint residential responsibility to primary residential responsibility. He argued the district court erred: (1) as a matter of law by finding best interest factors a, b, d, f, g, and k favored neither party; (2) by applying the endangerment standard of N.D.C.C. § 14-09-06.6 after the parties waived that provision in their stipulated divorce agreement; (3) by declining to modify residential responsibility because of facts unknown to the court at the time the court entered the original divorce judgment based on their stipulated agreement; and (4) by allowing various witnesses to assert their Fifth Amendment privilege against self-incrimination at trial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Brockmeyer v. Brockmeyer, et al." on Justia Law

Miguel Andrews appealed a divorce judgment dividing the marital estate between Candice Crichlow and him. After review, the North Dakota Supreme Court conclude the district court clearly erred by including in the marital estate the value of Andrews’s financial accounts opened after the agreed upon valuation date. The judgment was affirmed in all other respects, and the case remanded for further proceedings. View "Crichlow v. Andrews" on Justia Law

Karena and Keith Jensen (“Jensens”), as foster parents to A.P., appealed a juvenile court’s order denying their motion to modify and order approving a transition plan. Because the Jensens were not “aggrieved parties” under N.D.C.C. § 27-20.2-26(1), the North Dakota Supreme Court dismissed the appeal. View "Interest of A.P." on Justia Law

Travis Hoffman appealed an amended judgment and orders denying his motion to modify residential responsibility and granting Tia Hoffman’s motion for a change of residence to relocate out of state with their minor child. Travis argued the district court erred in denying his motion to modify residential responsibility by applying a heightened standard to his motion and, alternatively, finding he failed to satisfy that standard. The North Dakota Supreme Court affirmed the amended judgment and orders denying the motion to modify residential responsibility and granting the motion for a change of residence. View "Hoffman v. Hoffman, et. al." on Justia Law

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