Justia North Dakota Supreme Court Opinion Summaries

While a long-term marriage generally supports an equal division of property, a court may unequally divide property in a short-term marriage and award the parties what each brought into the marriage. If the district court fails to comply with the child support guidelines in determining an obligor's child support obligation, the court errs as a matter of law. Angela Allmon appealed a judgment granting her a divorce from Aaron Allmon, granting her primary residential responsibility for their child, ordering him to pay child support, and distributing their marital property. The North Dakota Supreme Court affirmed in part, but reversed the child support award and remanded for the district court to correctly apply the Child Support Guidelines. View "Allmon v. Allmon" on Justia Law

A party cannot rely on the other party's request for an oral argument to guarantee himself or herself an oral argument. Matthew Johnson appealed a district court's order awarding two of the three tax exemptions for the children to Tina Johnson. Matthew argued the district court erred by not holding an oral argument and failing to make explicit findings on who would benefit the most from having the tax exemptions. Matthew did not request an oral argument; rather, he asserted he could rely upon Tina’s request to guarantee himself an oral argument. The Supreme Court concluded the district court's findings were not clearly erroneous; therefore, it affirmed. View "Johnson v. Johnson" on Justia Law

Dianna Holm appealed a judgment granting her a divorce from Thomas Holm and dividing their marital property. After review, the Supreme Court concluded the district court's treatment as compensation of dividends received from stock purchased from Thomas' employer, and the court's valuation and award of the stock, were not clearly erroneous. Therefore, the Supreme Court affirmed the judgment. View "Holm v. Holm" on Justia Law

Chad Lizakowski appealed a divorce judgment distributing marital property and awarding spousal support and attorney fees. After review, the Supreme Court affirmed the district court's distribution of marital property and award of spousal support. However, the Court reversed the district court's award of attorney fees, and remanded for reconsideration of Chad Lizakowski's request for fees. View "Lizakowski v. Lizakowski" on Justia Law

Jessica Klein appealed the district court's temporary order for custody after it denied her motion to transfer jurisdiction to Iowa. Klein argued the district court lacked subject matter jurisdiction and North Dakota was an inconvenient forum to hear the case. The North Dakota Supreme Court affirmed, concluding North Dakota properly retained exclusive, continuing jurisdiction over the matter and did not abuse its discretion in finding North Dakota to be a convenient forum. View "North Dakota v. Winegar" on Justia Law

Mark Rath appealed the district court's order granting Kayla Rath a disorderly conduct restraining order, and the order denying his motion for reconsideration. On appeal, Mark argued the district court erred in finding Kayla met her burden of proving the element of intent and in finding that his actions were not constitutionally protected. He also argued the district court lacked jurisdiction when it issued its order. Because the district court did not abuse its discretion in issuing its order granting the disorderly conduct restraining order and had jurisdiction at the time it denied Mark's motion for reconsideration, the Supreme Court affirmed. View "Rath v. Rath" on Justia Law

William Gagnon appealed a district court judgment awarding Tara Lara primary residential responsibility of the parties' three children. The Supreme Court affirmed, concluding Gagnon failed to overcome the presumption that he not be awarded primary residential responsibility due to domestic violence. View "Gagnon v. Gagnon" on Justia Law

Robert Carroll appealed an order denying his motion to set aside or vacate the judgment and from an order denying his motion for a new trial, after the court entered a divorce judgment awarding Anna Carroll monthly child support of $1,387. After review, the Supreme Court concluded the district court did not err in denying a continuance of the trial or in allowing the State be named a real party in interest. The Court concluded, however, the district court abused its discretion in denying his motions when it made insufficient findings to support its award of child support. Therefore, the Court reversed and remanded for further proceedings. View "Carroll v. Carroll" on Justia Law

Spencer Curtiss appealed the district court's Third Amended Judgment modifying his parenting time and its order denying his motion to reconsider. The Supreme Court remanded to the district court for further findings and retained jurisdiction under N.D.R.App.P. 35(a)(3). The Court concluded on remand the district court made adequate findings to support its decision to suspend visitation of D.C., but that the findings suspending P.C.'s visits to the penitentiary were inadequate and are not supported by the record.The Court affirmed in part, reversed in part and remanded again for further proceedings. “On remand, the district court must address how supervised visitations by P.C. will be facilitated, and determine which party shall be responsible for any costs associated with supervised visitation by a third party.” View "Curtiss v. Curtiss" on Justia Law

Keanna Schneider appealed a district court order denying her motion to modify the parenting time of Keaton O'Hara from unsupervised to supervised parenting time. Schneider sought modification after an incident in which O'Hara punched her in the face in front of their child during an exchange. The Supreme Court concluded that the district court erred in handling this case and reversed the court's order denying Schneider's motion, and remanded for additional findings. View "O'Hara v. Schneider" on Justia Law