Justia North Dakota Supreme Court Opinion Summaries

Daren Purdy appealed an amended judgment after the district court denied his motion to modify primary residential responsibility for his two minor children and granted his motion to modify parenting time. He argued the district court erred in awarding Jessica Purdy primary residential responsibility of the children. The North Dakota Supreme Court affirmed the amended judgment, concluding the district court did not clearly err in denying his motion to modify primary residential responsibility. View "Purdy v. Purdy, et al." on Justia Law

Mari Bindas appealed an order terminating Michael Bindas’ spousal support obligation. The parties filed a marital termination agreement, agreeing to spousal support and distribution of the marital estate. The parties agreed Michael Bindas would pay spousal support to Mari Bindas in the amount of $3,200 per month until she was 62 years old. The parties further agreed the spousal support would continue until the death of either party, Mari Bindas remarried, or the payment on February 1, 2023, had been made. The district court approved and adopted the parties’ termination agreement in its order. In November 2009, a judgment was entered incorporating the parties’ entire agreement. In January 2018, Michael moved to modify his spousal support obligation, arguing the spousal support should be terminated under N.D.C.C. 14-05- 24.1(3) because Mari had been habitually cohabiting with her boyfriend for more than one year. The North Dakota Supreme Court determined the parties’ written agreement satisfied the “[u]nless otherwise agreed to by the parties in writing” exception to N.D.C.C. 14-05-24.1(3); the statute did not require termination of Mari’s spousal support upon a finding of cohabitation. Therefore, the Supreme Court concluded the district court erred in granting Michael Bindas’ motion to modify spousal support, and misapplied the law by concluding it was required to terminate the spousal support under N.D.C.C. 14-05-24.1(3). View "Bindas v. Bindas" on Justia Law

Eric Smith appealed district court orders and judgment related to child custody, dismissal of motions for contempt and the court finding him a vexatious litigant. In November 2015, Smith commenced an action to determine primary residential responsibility, decision-making authority and child support. The first judgment was entered on January 8, 2016. Smith has represented himself since the district court entered the initial order. From January 2016 to date, over four-hundred docket entries appeared, including seven motions for contempt by Smith against Emily Erickson or her attorney, two requests for review by the district court, and several letters and communications from Smith to the referees or judges assigned to the matter. On January 5, 2018, a referee issued findings of fact, conclusions of law and an order for amended judgment granting Erickson primary residential responsibility and decisionmaking authority over the child. Smith requested review by a district court judge. On February 28, 2018, the district court found Smith in contempt for nonpayment of child support and issued an order with amended findings. On March 29, 2018, Smith filed a notice of appeal from the “final judgment issued on March 16, 2018.” No orders or judgments exist for that date. On April 23, 2018, the district court issued an order finding Smith a vexatious litigant and prohibiting him from filing new documents in the case without leave of court. Smith filed three additional notices of appeal, in total citing to seven separate orders and judgments. Smith submitted a one-page brief in support of the multiple notices of appeal. Smith did not file transcripts. The North Dakota Supreme Court held oral argument on November 21, 2018, and Smith did not appear. The Supreme Court affirmed the district court’s orders and judgment regarding parenting responsibility, contempt and finding Smith a vexatious litigant. View "Smith v. Erickson" on Justia Law

Kathleen Varty appeals from an amended divorce judgment, arguing the district court erred in reducing Thomas Varty's spousal support obligation. "The evidence supports the facts recited by the district court. The court did not misapply the law. Therefore, the court's findings are not clearly erroneous," and the North Dakota Supreme Court affirmed the amended judgment reducing Thomas Varty's spousal support obligation. View "Varty v. Varty" on Justia Law

Trina Iverson appealed a district court order finding a prima facie case for modification of primary residential responsibility had not been established with regard to the parties' two youngest children, G.I.H. and G.O.H. Iverson also claimed the district court erred when it denied her motion to amend the findings and order. Because the North Dakota Supreme Court concluded a prima facie case was been established for G.I.H. and G.O.H., it was unnecessary to determine if the district court erred when it denied Iverson's motion to amend the findings and order. The Court concluded Iverson established a prima facie case for modification of primary residential responsibility of G.I.H. and G.O.H. and was entitled to an evidentiary hearing. Therefore, it reversed the district court's order and remanded for further proceedings to determine if modification of primary residential responsibility for G.I.H. and G.O.H. was appropriate. View "Heidt v. Heidt" on Justia Law

Dustin Erman appealed a district court judgment awarding Trista Dick primary residential responsibility of the parties' minor child. A district court's award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. Absent a reason for denying it, some form of extended visitation with a fit non-custodial parent is routinely awarded. A district court's ruling on decision-making responsibility is a finding of fact, reviewed under the clearly erroneous standard. The North Dakota Supreme Court affirmed the district court's judgment as to primary residential responsibility and decision-making responsibility, but reversed with regard to extended parenting time and remanded for further proceedings. View "Dick v. Erman" on Justia Law

Charlotte Horst appealed a judgment establishing primary residential responsibility, child support and parenting time of two children. Horst claimed she was denied due process when the district court issued an emergency ex parte custody order and refused to appoint counsel. She also claimed imposing child support was unconstitutional, the district court erred in awarding Hagen primary residential responsibility, and the district court erred in ordering supervised parenting time until Horst completed parenting and anger management classes and establishes residential stability. The North Dakota Supreme Court summarily affirmed the judgment, finding the district court's findings on the best interest factors contained sufficient specificity to show the factual basis for its award of primary residential responsibility to Hagen and was not clearly erroneous. Further, the district court decision to condition parenting time on completion of classes and residential stability was supported by evidence of Horst's parenting deficiencies and was not clearly erroneous. View "Hagen v. Horst" on Justia Law

Daniel Friesner appealed a district court divorce judgment awarding Angelina Friesner marital property, primary residential responsibility of the parties' minor children, spousal support, and attorney's fees. "A district court's choice for primary residential responsibility between two fit parents is a difficult one, and the Supreme Court will not retry the case or substitute its judgment for that of the district court when its decision is supported by the evidence." Permanent spousal support may be appropriate when there is a substantial income disparity between the spouses that cannot be remedied by property division or rehabilitative spousal support. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Friesner v. Friesner" on Justia Law

Gaye Swanson appealed a judgment dividing marital property between her and her former husband, Roy Swanson. On appeal, Gaye Swanson contends the district court erred by inequitably dividing the marital estate, by not considering Roy Swanson's fault in the deterioration of the marriage and the parties' finances, and in finding that she, rather than her children, owned property included in the marital estate. The North Dakota Supreme Court concluded the district court's findings on division of property were not clearly erroneous and affirmed the judgment. View "Swanson v. Swanson" on Justia Law

S.E.L. appealed dismissal of his action seeking to adjudicate the paternity of the child, J.J.M. The child was born to biological mother J.A.P. Shortly after the child's birth, J.A.P. and J.M. executed an acknowledgment of paternity, claiming J.M. was the child's father. S.E.L. filed a complaint challenging paternity, alleging the paternity acknowledgment was executed based on fraud and deceit, and requesting the court order genetic testing and declare he was the child's father. S.E.L. filed an affidavit in support of his complaint, stating he was in a sexual relationship with J.A.P. in Montana during the period of conception, J.A.P. moved to North Dakota after the child was conceived and entered into a relationship with J.M., J.A.P. never informed S.E.L. she was pregnant, and he learned about the child in the fall of 2015. He stated he attempted to establish paternity by filing paperwork with the Child Support Enforcement Division in Montana, but he learned that J.M. signed an acknowledgment of paternity in 2014. S.E.L. admitted it had been more than two years since the acknowledgment of paternity was signed, but he claimed the acknowledgment was based on fraud and deceit and should be declared void. S.E.L. also alleged the child had been removed from J.A.P. and J.M.'s care and placed in a foster home in February 2016, J.A.P. was to be released from jail in Nevada in August 2016, and J.M. was currently incarcerated in North Dakota. After a hearing, the district court ordered S.E.L.'s action be dismissed. The court found J.A.P. and J.M. were in default. The court held S.E.L. commenced the proceeding more than two years after the effective date of the paternity acknowledgment, challenges to an acknowledgment of paternity had to be commenced within two years after the effective date of the acknowledgment under N.D.C.C. 14-20-44(2), and S.E.L. was not permitted to challenge the acknowledgment because his action was untimely. The court ruled all other issues pending before the court were moot and required no further adjudication because the matter was dismissed. Judgment was entered. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal. View "S.E.L. v. J.A.P." on Justia Law