Martiré v. Martiré
822 N.W.2d 450
N.D.2012Background
- Michael Martiré and Sandra Hendricksen Martiré married in 1990 and had three children; the daughter is emancipated, leaving two sons at issue in custody.
- The parties accumulated significant marital assets and both have diagnosed mental health issues affecting parenting.
- Sandra stayed home to raise the children; Michael pursued his medical career, and the family lived in North Dakota after moving from Chicago.
- The parties separated in December 2007 and a nine-day trial occurred in February 2010, resulting in a 56-page divorce decision.
- The district court awarded joint primary residential responsibility for the two younger children, Sandra sole primary for the daughter, child support of $6,127, spousal support of $5,000, and a near-equal division of martial assets.
- Post-trial motions were filed and largely denied; this appeal followed challenging parenting time, support, and property-distribution rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joint primary residential responsibility for R.M. and C.M. was appropriate | Martiré contends sole or different custody should be awarded | Hendricksen Martiré argues alienation by Martiré warrants her sole custody | Not clearly erroneous; joint primary residential for R.M. and C.M. affirmed |
| Whether D.M.’s custody matters were properly resolved | D.M.’s interests require different arrangement due to emancipation | D.M. should be considered for there being no viable order | D.M. emancipated; trial court’s handling not reversed as moot |
| Whether upward deviation from Child Support Guidelines was supported | Guidelines amount should apply; deviation unjustified | Deviation supported by income and best interests of children | Upward deviation supported; $6,127 not clearly erroneous |
| Whether spousal support award was proper | Sandra should receive more support given her workforce prospects | Michael’s income and Ruff-Fischer factors justify $5,000/month | Not clearly erroneous under Ruff-Fischer factors; appropriate duration |
Key Cases Cited
- McAdams v. McAdams, 530 N.W.2d 647 (N.D.1995) (parental alienation precludes custody based on that factor)
- Wolt v. Wolt, 778 N.W.2d 786 (N.D.2010) (alienation as a significant custody factor; not to reward alienation)
- Brown v. Brown, 600 N.W.2d 869 (N.D.1999) (willful alienation not rewarded with custody)
- Loll v. Loll, 561 N.W.2d 625 (N.D.1997) (alienation considerations in custody decisions)
- Hanson v. Hanson, 695 N.W.2d 205 (N.D.2005) (shared decision-making requires cooperation and ability to act in best interests)