Krueger v. Krueger
800 N.W.2d 296
| N.D. | 2011Background
- Krueger and Bentz (Deborah) are divorced with one child, L.K. (b. 1994); Bentz has custody and Krueger visitation rights were gradually restricted.
- 2003 amended judgment keeps Bentz custodial and Krueger visitation restricted to 'reasonable' with exchanges at a visitation center; later events lead to calls for re-establishing visitation.
- August 2007 incident during L.K.’s visit allegedly involved mutual pushing; visitation ceased and disputes over parenting time ensued.
- In 2009 the district court ordered joint counseling to address issues before reintroducing visitation; thereafter, counseling failed and unrestricted visitation did not materialize.
- Nearby, the Southwest Area Child Support Enforcement Unit sought to increase Krueger’s support based on purported income from a new business, prompting a joint hearing on both motions.
- The district court increased Krueger’s support to a net income-based figure but failed to make explicit findings about net income; the court relied on a pre-printed net figure and a default order, prompting appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly considered L.K.’s wishes in visitation without abusing discretion | Krueger | Bentz | Visitation denial affirmed; court kept March 2009 order in effect |
| Whether the visitation order resolved issues in L.K.’s best interests without improper delegation | Krueger | Bentz | Court properly weighed wishes and Dr. Hall’s testimony; no reversible error |
| Whether the district court erred by increasing Krueger’s child support without explicit net income findings | Krueger | Bentz | Reversed and remanded for explicit findings on net income and methodology |
Key Cases Cited
- Schmidt v. Schmidt, 2003 ND 55 (ND 2003) (visitation is in the child’s best interests; not clearly erroneous unless clearly unsupported)
- Dufner v. Trottier, 2010 ND 31 (ND 2010) (child preferences may be considered in best interests of the child analysis)
- Wolt v. Wolt, 2010 ND 26 (ND 2010) (courts may invite professional recommendations while retaining ultimate decision authority)
- Entzie v. Entzie, 2010 ND 194 (ND 2010) (net income determinations must be explained under child support guidelines)
- Sonnenberg v. Sonnenberg, 2010 ND 94 (ND 2010) (statutory and administrative code requirements for net income findings in support orders)
- Pember v. Shapiro, 2011 ND 31 (ND 2011) (detailed findings required when recalculating child support based on income)
- Berge v. Berge, 2006 ND 46 (ND 2006) (clear error review standards for child support determinations)
- Buchholz v. Buchholz, 1999 ND 36 (ND 1999) (proper net income finding essential to child support calculation)
- Lauer v. Lauer, 2000 ND 82 (ND 2000) (guideline requirements for how net income is determined)
- Doepke v. Doepke, 2009 ND 10 (ND 2009) (de novo review of child support; must comply with guidelines)