Matter of G.R.H.
2011 ND 21
| N.D. | 2011Background
- Pember and Shapiro filed for divorce; issues included custody, support, and division of assets.
- Premarital agreement was signed on their wedding day; later deemed not knowing and voluntary by district court.
- The couple moved from Kansas to Fargo, North Dakota, for Pember's job; Shapiro pursued education and employment efforts.
- District court awarded Shapiro sole physical custody with Pember having extensive visitation and a child support obligation.
- District court divided marital assets with Shapiro receiving 62% and Pember 38%; spousal support later eliminated and child support reduced in amended judgment.
- This Court affirms custody and relocation, reverses and remands on child support computation, and affirms the premarital agreement invalidity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sole physical custody to Shapiro was clearly erroneous | Pember contends custody should be joint or with him. | Shapiro argues best interests favor her sole custody. | Affirmed custody to Shapiro. |
| Whether relocation with the children under 14-09-07(1) was properly addressed | Pember argues relocation analysis was improper where joint custody existed. | Shapiro contends relocation considered via Stout-Hawkinson factors after initial custody. | District court properly considered Stout-Hawkinson relocation factors after initial custody determination. |
| Whether the downward deviation for extended visitation should apply to the entire year | Pember asserts deviation should only cover actual visitation months. | Shapiro argues decree supports annual calculation under rule. | Remanded to recalculate downward deviation for the entire year. |
| Whether premarital agreement should be enforced | Pember asserts agreement should be enforced. | Shapiro contends lack of independent counsel and rushed execution voids voluntariness. | Premarital agreement unenforceable. |
Key Cases Cited
- Stout v. Stout, 1997 ND 61 (ND 1997) (four-factor relocation framework for custodial move cases)
- Hawkinson v. Hawkinson, 1999 ND 58 (ND 1999) (clarified Stout factors in relocation analysis)
- McNett, 2006 ND 36 (ND 2006) (integration of best interests with relocation considerations when joint custody exists)
- Lauer v. Lauer, 2000 ND 82 (ND 2000) (need for clear explanation of income in child support calculations)
- In re D.L.M., 2004 ND 38 (ND 2004) (child support guidelines have force of law)