10 N.W.3d 570
N.D.2024Background
- Jason Anderson and Olivia Foss, who share one child, became embroiled in litigation over modifications of their parenting plan and financial responsibilities.
- Foss sought sole decision-making authority, a requirement for Anderson to take the child to extracurriculars during parenting time, and reimbursement for half of the child’s health insurance premiums.
- Anderson countered by seeking modification of child support.
- The district court issued an amended judgment addressing changes in decision-making, child support, and reimbursements, but did not provide sufficient explanations for all aspects of its rulings.
- Anderson appealed the modified judgment, particularly contesting the child support commencement date, calculation of Foss’s income, reimbursement amount, and the extent of Foss's decision-making authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Child support commencement date | Should start from Sept 2022 | Court set start at Sept 2023 | Remanded for explanation why the date was set at Sept 2023 instead of from motion’s filing date. |
| Calculation of child support (income basis/hours used) | Court erred using 32 hrs/week | Supported court's calculation | Remanded; insufficient findings for deviation from tax return/40 hours, use of 32-hour week. |
| Reimbursement for medical expenses | Court's calculation unexplained | Supported calculation | Remanded for findings explaining method used to arrive at $2,086.90 owed. |
| Sole decision-making to Foss, incl. daily decisions | Overbroad to exclude all daily | Sought sole authority as needed | Affirmed decision except remanded for explanation for stripping Anderson of all day-to-day input. |
| Requirement Anderson take child to extracurriculars | Equivalent to modifying time | Sought this requirement | Affirmed; was a clarification, not modification, of parenting time. |
Key Cases Cited
- Bertsch v. Bertsch, 710 N.W.2d 113 (N.D. 2006) (court’s discretion on effective dates of child support modification)
- Datz v. Dosch, 846 N.W.2d 724 (N.D. 2014) (standard for abuse of discretion)
- Marchus v. Marchus, 712 N.W.2d 636 (N.D. 2006) (effective date for child support modification)
- Berge v. Berge, 710 N.W.2d 417 (N.D. 2006) (court must clearly state how it calculates child support)
- Dick v. Erman, 923 N.W.2d 137 (N.D. 2019) (final decision-making when joint decision-making fails)