Justia North Dakota Supreme Court Opinion Summaries

The case involves two parents, Staiger and Johnson, who were never married but share one minor child. The original judgment awarded primary residential responsibility to Johnson, with Staiger receiving scheduled parenting time. Following Johnson’s DUI arrest—during which the child was present—Staiger sought to obtain primary residential responsibility, or alternatively, equal parenting time and joint decision-making. Staiger also requested modifications to safety measures in the parenting plan and the removal of certain alcohol testing requirements for himself. Johnson, as a result of her DUI, was required to participate in a sobriety program and begin mental health services.Previously, the District Court of Morton County, South Central Judicial District, modified the parenting plan to include a graduated visitation schedule for Staiger, alcohol testing requirements, and behavioral conditions. Upon Johnson’s DUI conviction, Staiger moved for further modification. The district court found that Johnson’s DUI incident did not constitute a material change in circumstances warranting a change in primary residential responsibility, noting there was no evidence the child was harmed or suffered a decline in welfare. The court did, however, modify the parenting plan to add alcohol and mental health restrictions for Johnson and removed one of Staiger’s alcohol testing requirements. Staiger’s subsequent motions for reconsideration and clarification were denied.On appeal, the Supreme Court of North Dakota reviewed the district court’s findings under the clearly erroneous standard. The Supreme Court affirmed the district court’s determination that Johnson’s DUI did not rise to the level of a material change in circumstances affecting the child’s welfare, and that the modifications to the parenting plan were supported by the record. The Supreme Court also upheld the denial of Staiger’s motions for reconsideration and clarification, finding no abuse of discretion. Johnson’s request for attorney’s fees was denied. The district court’s second amended judgment and related orders were affirmed. View "Johnson v. Staiger" on Justia Law

The parties, who share two children, divorced in 2022 and initially agreed to share residential responsibility on a week-on, week-off basis. After their divorce, Ashlyn Clemenson moved to Bottineau and began living with her boyfriend and the children’s half-sibling. The parties later stipulated to an amended judgment to reflect changes in income and child support, maintaining equal residential responsibility. In July 2024, Cole Clemenson moved to modify residential responsibility, seeking primary custody of the children, while Ashlyn Clemenson filed a cross-motion for primary residential responsibility. Both parties agreed that Ashlyn’s relocation constituted a material change in circumstances, and a two-day trial was held in January 2025.The District Court of McHenry County, Northeast Judicial District, found that Cole Clemenson had a history of domestic violence, including incidents in 2013 and 2021, and concluded that the presumption against awarding residential responsibility to a parent who has perpetrated domestic violence under N.D.C.C. § 14-09-06.2(1)(j) applied. The district court designated Ashlyn Clemenson as the primary residential parent, granting Cole Clemenson parenting time on alternating weekends and weekly during the summer. Cole Clemenson appealed, challenging the application of the domestic violence presumption, the findings regarding serious bodily injury, the court’s weighing of best interest factors, and the sufficiency of the district court’s findings.The Supreme Court of North Dakota reviewed the district court’s findings for clear error. It held that the domestic violence presumption in N.D.C.C. § 14-09-06.2(1)(j) applies even when the parent previously shared equal residential responsibility and does not require serious bodily injury to be proximate to the proceeding. The Supreme Court determined that the district court did not clearly err in its findings or in weighing the best interest factors, and affirmed the amended judgment designating Ashlyn Clemenson as the primary residential parent. The request for attorney’s fees was denied. View "Clemenson v. Clemenson" on Justia Law

After the divorce of a couple who had three children—two minors and one adult—a parenting plan was established. Several years later, the father moved for contempt, alleging that the mother prevented his relationship and communication with the children, in violation of the parenting plan. The mother responded by seeking a modification of parenting time and requested a mental examination of the father, citing concerns about his behavior toward the children. She submitted affidavits from herself and their children, which described the father's angry outbursts and alleged emotional mistreatment.The District Court of Cass County, East Central Judicial District, denied the father’s motion for contempt, reduced his parenting time, and ordered a mental examination under N.D.R.Civ.P. 35, with the father responsible for the costs of both the examination and supervised parenting sessions. The court also admitted the children’s affidavits into evidence over the father's hearsay objection. The court’s order delegated authority to a therapist to determine the progression of the father’s “stepped” parenting plan, allowing the therapist to control when and how parenting time would increase.On appeal, the North Dakota Supreme Court found that while the admission of the children’s affidavits was an abuse of discretion, it was harmless error because their live testimony provided similar evidence. The Supreme Court affirmed the findings that a material change of circumstances justified modifying parenting time, upheld the requirement for a mental examination at the father's expense, and found no abuse of discretion in denying contempt against the mother. However, it reversed the delegation of decision-making authority to the therapist regarding progression in the parenting plan, holding that such delegation was improper, and remanded for a court-supervised plan. The court also partially granted the mother’s motion to strike portions of the father’s appellate brief and imposed double costs against him. View "Boyda v. Boyda" on Justia Law

The parties in this case were in a long-term relationship and had two children together. During the relationship, the mother was a stay-at-home caregiver while the father was the sole wage earner. After their separation, the father initiated legal proceedings to determine residential responsibility, parenting time, and child support. The mother and children moved out in April 2024. The parties agreed on most issues, including that the mother would have primary residential responsibility and the father would pay $2,885 per month in child support. However, disputes remained regarding the effective date of the child support obligation and whether the father should receive credit for $9,150 in payments he made for the children’s needs after the separation but before the final judgment.The District Court of Stark County resolved the remaining issues based on written submissions. It set the child support obligation to begin on April 1, 2024, but denied the father credit for the $9,150 in voluntary payments. The court justified this by noting the father’s higher income and its discretion to set the commencement date for support. The father appealed, challenging only the refusal to credit his voluntary payments.The Supreme Court of North Dakota reviewed the case and held that, as a matter of law, a district court must credit voluntary child support payments made by the obligor during the pendency of the action when calculating past-due support. The court clarified that its prior decision in Richter v. Houser, 1999 ND 147, 598 N.W.2d 193, established this rule and that failure to provide such credit results in impermissible double recovery. The Supreme Court reversed the district court’s judgment and remanded with instructions to reduce the father’s past-due child support obligation by $9,150. View "Sutherby v. Astanina" on Justia Law

C.C. is the mother of B.F. and I.F. In November 2021, she left the children with their paternal uncle, who provided a stable home. In November 2022, the children came under the protective custody of the Cass County Human Service Zone (CHSZ) due to concerns of parental abandonment. The whereabouts of A.F., the father, were unknown. In March 2023, the juvenile court adjudicated the children as needing protection and placed them in CHSZ custody for nine months, finding aggravating factors and adopting a reunification plan. In December 2023, CHSZ filed a petition to terminate C.C.'s parental rights but later amended it to extend CHSZ custody for nine months due to C.C.'s progress. In February 2024, the court granted CHSZ custody for an additional nine months with concurrent plans of reunification and termination.In October 2024, CHSZ petitioned to terminate C.C. and A.F.'s parental rights, citing C.C.'s failure to maintain progress on the reunification plan. C.C. attended the initial hearing and a status conference in December 2024 but failed to attend the February 2025 status conference. The court found C.C. and A.F. in default and terminated their parental rights, noting C.C.'s continued drug use, failure to secure stable housing and employment, and lack of consistent participation in visitations and services.The North Dakota Supreme Court reviewed the case and affirmed the juvenile court's order. The court held that the juvenile court did not err in finding C.C. in default and that the evidence supported the termination of parental rights. The court also found no abuse of discretion in denying C.C.'s motion to vacate the default judgment and concluded that the termination did not violate C.C.'s constitutional due process rights. View "Interest of B.F." on Justia Law

Elizabeth Sanda and Derek Sanda were married in 2016, having started dating in 2014. Elizabeth brought significant assets into the marriage, including trusts and future inheritances protected by a premarital agreement, while Derek had a negative net worth. During the marriage, Elizabeth used her inheritance to fund various expenses, including a home down payment, mortgage payments, and Derek's business operations. Derek contributed through home renovations and his carpentry business, which was not highly profitable. The couple lived beyond their means, relying heavily on Elizabeth's inheritance.The District Court of Burleigh County, South Central Judicial District, presided over by Judge Jackson J. Lofgren, handled the divorce proceedings. The court issued an interim order in February 2024, granting Elizabeth exclusive use of the marital home and her vehicle, while Derek was awarded his vehicle. During the trial, disputes arose over the classification of certain assets and debts, including a vehicle trade and attorney's fees. The court found that Derek improperly dissipated marital property by trading a vehicle without approval and determined that Elizabeth's inheritance, though used during the marriage, should be considered in the property division.The North Dakota Supreme Court reviewed the case and affirmed the district court's decision. The Supreme Court held that the district court's findings were not clearly erroneous and that the property division was equitable. The court emphasized the origin of Elizabeth's inheritance and the couple's financial conduct during the marriage. The court also upheld the district court's decisions regarding the valuation date, classification of assets, and responsibility for attorney's fees. The judgment awarded Elizabeth a larger share of the marital estate, with an additional payment to Derek to achieve equity. View "Sanda v. Sanda" on Justia Law

Kristina Toppenberg appealed a district court order that granted Zach Toppenberg’s motion to reduce his child support obligation. Zach was originally ordered to pay $1,814 per month based on an annual income of $103,200. In 2023, Zach moved to Arizona, earning $21 per hour at a construction company. He filed a motion to amend his child support obligation, providing his 2023 tax return and recent paystubs. The district court recalculated his income to $43,680 annually and reduced his child support to $875 per month.The district court of Williams County, Northwest Judicial District, granted Zach’s motion, finding his change in employment was not for the purpose of reducing his child support obligation. The court used his current earnings to calculate the new support amount. Kristina appealed, arguing the modification was inappropriate and the calculation was incorrect, citing unreported income and gifts from Zach’s parents.The Supreme Court of North Dakota reviewed the case. It affirmed the district court’s decision to grant the motion to amend child support, finding no clear error in the determination that Zach’s employment change was not to reduce his obligation. However, the Supreme Court found the district court erred in not including $30,000 in gifts and $24,000 of unreported income in Zach’s gross income. The court held that these amounts should have been considered in calculating his net income for child support purposes.The Supreme Court of North Dakota affirmed the district court’s decision to amend the child support obligation but reversed and remanded the case for recalculation of Zach’s net income, including the omitted gifts and unreported income. View "Toppenberg v. Toppenberg" on Justia Law

Mackenzie Pennington and Casey Weber, who married in 2011, have two children. In 2020, Weber initiated a divorce, and in 2021, the district court's judgment incorporated their settlement agreement, granting them equal and shared parenting responsibility with joint legal and alternating weekly physical custody. Pennington was required to exercise her parenting time in New Rockford during the school year due to the children's school location.In November 2021, Pennington moved for primary residential responsibility, citing the impracticality of the parenting schedule due to travel distance. The district court denied her motion and granted Weber's request for primary residential responsibility, modifying the parenting plan to allow Pennington parenting time on alternating weekends during the school year. In September 2024, Pennington again sought primary residential responsibility, alleging Weber's failure to meet the children's medical and educational needs. The district court denied her motion, concluding she did not demonstrate a prima facie case of a material change in circumstances adversely affecting the children.The North Dakota Supreme Court reviewed the case and affirmed the district court's decision. The court held that Pennington failed to establish a prima facie case for modification of primary residential responsibility. The court noted that Pennington's complaints about Weber's parenting did not demonstrate a material change in circumstances that adversely affected the children or resulted in a general decline in their condition. The court also clarified that the standard for determining a material change in circumstances does not require evidence that the children are "suffering," but rather that the change has adversely affected them or resulted in a general decline in their condition. View "Weber v. Pennington" on Justia Law

The case involves a divorce action between Tami Van Beek and Darrell Van Beek, who married in June 2007 and have three children. During the trial, both parties provided testimony and exhibits, and the court also received testimony from their children, school administrators, and Darrell's parents. The district court divided the marital estate, awarding Tami farmland and an equity payment of $700,000, while Darrell received crops, land rent, and vehicles. Tami was granted primary residential responsibility and child support based on Darrell's income of $48,000 per year. Tami was also awarded attorney’s fees.The district court's decisions were challenged by Darrell on several grounds, including the valuation and distribution of the marital estate, the exclusion of his insurance agent's testimony, the award of primary residential responsibility to Tami, the calculation of his child support obligation, and the award of attorney’s fees. The district court's distribution of marital property was reviewed under a clearly erroneous standard, and the court's findings were generally upheld, except for the inclusion of potential income of $198,823 in the marital estate, which was reversed and remanded for reconsideration.The North Dakota Supreme Court affirmed the district court's judgment in part, reversed it in part, and remanded the case. The court held that the district court erred in including the potential income of $198,823 in the marital estate and remanded for reconsideration of the allocation of the existing marital estate. The court also remanded for consideration of whether an award of attorney’s fees and costs with respect to the appeal would result in financial hardship to Darrell and, if appropriate, the amount of any award. The court affirmed the district court's decisions regarding the distribution of marital property, the exclusion of the insurance agent's testimony, the award of primary residential responsibility, and the calculation of child support. View "Van Beek v. Van Beek" on Justia Law

Heidi Holm and Joshua Holm were married in June 2021, and Heidi filed for divorce in April 2023. The couple has no children. During the divorce proceedings, Heidi filed two motions to compel discovery. The first motion was denied, and Joshua's request for attorney's fees was also denied. The second motion was granted, and Joshua was ordered to pay Heidi's attorney's fees due to his incomplete and untimely responses to discovery requests. The district court held a two-day trial, divided the marital assets and debts, and set a valuation date for the assets.The District Court of Stark County, Southwest Judicial District, initially scheduled the trial for November 13, 2023, but it was continued. The court set a valuation date of January 1, 2024, which was incorrect as per N.D.C.C. § 14-05-24(1), which requires the valuation date to be sixty days before the initially scheduled trial date. Despite this error, the court's use of the agreed-to valuations by the parties rendered the error harmless.The North Dakota Supreme Court reviewed the case and affirmed the district court's judgment and orders. The Supreme Court found that the district court did not abuse its discretion in denying Joshua's request for attorney's fees, as his answer brief was untimely and his discovery responses were evasive. The court also upheld the district court's valuation of the marital assets, including the contents of Joshua's safe, the real property owned by Holm Empire Holdings, and the 2004 Chevy 2500 pickup truck. The Supreme Court concluded that the district court's valuation of X Marks the Spot Investments was within the range of evidence presented and that the division of marital property and debts was equitable. The court emphasized the district court's findings regarding Joshua's lack of credibility and attempts to hide assets. View "Holm v. Holm" on Justia Law