Jordet v. Jordet
2012 ND 231
| N.D. | 2012Background
- Bradley Jordet and Tracy Jordet are divorced (2010) with Bradley having primary custody; Tracy ordered to pay child support and Bradley to pay rehabilitative spousal support, both accruing arrears.
- Bradley sought a money judgment for past-due child support and an equitable setoff of past-due spousal support against Tracy’s child support arrearages.
- Tracy obtained a money judgment against Bradley for spousal arrears and opposed the setoff; the district court denied Bradley’s offset as contrary to statute and leading authorities.
- Bradley later executed against Tracy’s assets; sheriff levied Tracy’s bank accounts after a notice of levy.
- Tracy sought contempt against Garaas (Bradley’s attorney) for allegedly directing the levy, leading to a contempt order and a $1,000 fine against Garaas.
- The appellate court affirmed the denial of the offset but reversed the contempt finding against Garaas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying the offset. | Jordet argues the offset should be allowed. | Jordet argues offset is improper under statute and precedent. | No abuse of discretion; offset denied. |
| Whether Garaas was properly found in contempt for aiding the levy. | Tracy contends Garaas violated the court order and obstructed justice. | Garaas argues actions were lawful advocacy or did not amount to contempt. | Abuse of discretion: contempt reversed. |
Key Cases Cited
- Corbett v. Corbett, 2002 ND 103 (North Dakota 2002) (offset framework misapplied in context of spousal/child support)
- Corbett v. Corbett, 2001 ND 113 (North Dakota 2001) (initial Corbett I on offset not controlling here)
- Dakota Partners, L.L.P. v. Glopak, Inc., 2001 ND 168 (North Dakota 2001) (discussion of setoff; equity and mutuality)
- Investors Title Ins. Co. v. Herzig, 2010 ND 169 (North Dakota 2010) (correct result may follow from correct law; burden on abuse of discretion)
- Moch v. Moch, 1998 ND 95 (North Dakota 1998) (abuse of discretion standard for equitable decisions)
- Johnson v. Johnson, 527 N.W.2d 663 (North Dakota 1995) (enforcement remedies for child support)